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2009/04/07 Agenda Packet
I declare under pb ,,~,[; '., .. , ",n employed by the City of Chule Vista in the OffIce of the City Clerk and that I posted this dcoument,on the, bulletin board accordlnq, to Brown ~ req~rements.,O ~ ~ f.?,. DATED f/~ f SIG... ~ """I::b.-~~~ em OF CHlJiA VgsrA Cheryl Cox, Mayor Rudy Ramirez, Councilmember James D. Sandoval, City Manager John McCann, Councilmember Bart Miesfeld, City Attorney Pamela Bensoussan, Councilmember Donna Norris, City Clerk Steve Castaneda, Councilmember April 7, 2009 4:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OFTHE DAY .. INTRODUCTION BY POLICE CHIEF EMERSON OF EMPLOYEE OF THE MONTH, CHRISTINA T AFOY A, EVIDENCE CONTROL ASSIST ANT .. PRESENTATION BY POLICE CHIEF EMERSON OF RECENT PROMOTIONS: LIEUTENANT PHIL COLLUM, LIEUTENANT VERN SALLEE, SERGEANT HENRY MARTIN AND SERGEANT CHRISTINE PENWELL II PRESENTATION BY MAYOR COX OF A PROCLAMATION TO TONYA TOROSIAN, EXECUTIVE DIRECTOR OF THE COUNTY OF SAN DIEGO CHILDREN, YOUTH AND FAMILIES COMMISSION, PROCLAIMING APRIL AS "CHILD ABUSE PREVENTION MONTH" CONSENT CALENDAR (Items 1-7) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. APPROVAL OF MINUTES of December 9,2008. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of Resignation from Brett Davis, member of the Resource Conservation Commission. Staff recommendation: Council accept the resignations and direct the City Clerk to post the vacancies in accordance with Maddy Act requirements. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING UNCLAIMED MONIES IN THE AMOUNT OF $98,372 FROM THE CASH BOND DEPOSIT FUND TO THE GENERAL FUND The City currently has unclaimed monies in the Cash Bond Deposit Fund. The money was deposited by the Police Department in accordance with Government Code Article 3, Section 50050 provisions, which state that money that remains unclaimed for three years may become the property of the City after certain advertising requirements are met. Adoption of the resolution transfers $98,372 which is now eligible for transfer, to the General Fund. (Police Chief) Staff recommendation: Council adopt the resolution. 4. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $444,000 FROM THE STATE OF CALIFORNIA E-91l REPLACEMENT FUND FOR POLICE COMMUNICATIONS CENTER TECHNOLOGY IMPROVEMENTS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY'S PURCHASING AGENT TO REQUEST THE STATE OF CALIFORNIA TO PURCHASE COMMUNICATIONS RELATED EQUIPMENT AND SOFTWARE FOR ITS POLICE DEPARTMENT USING TERMS NEGOTIATED BETWEEN THE STATE AND VENDORS ACCOMPLISHED THROUGH THE STATE OF CALIFORNIA'S MASTER PURCHASE AGREEMENT #5-06-58-(11-19) The State of California has a program to fund replacement of equipment for public safety dispatch centers. Every five years, the City of Chula Vista is eligible to replace dispatch equipment via State funds. The last upgrade to the City of Chula Vista's Police Dispatch Center equipment was in 2004. (~olice Chief) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda http://www.chulavistaca. gOY April 7, 2009 5. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING A PORTION OF THE SOUTH SIDE OF BONITA ROAD LYING ADJACENT TO THE PROPERTIES LOCATED AT 36, 42, 50 AND 58 BONITA ROAD EXCESS RIGHT OF WAY, ORDERING THE SUMMARY VACATION OF SUCH PORTION, AND DIRECTING THE CITY CLERK TO RECORD ALL DOCUMENTS REQUIRED WITH THE COUNTY RECORDER B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING A PORTION OF CITY-OWNED BONITA ROAD LYING ADJACENT TO THE PROPERTY LOCATED AT 50 BONITA ROAD (APN 570-130-32) AS EXEMPT SURPLUS LAND C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE OFFER TO PURCHASE THE EXCESS PORTION OF CITY- OWNED BONITA ROAD ADJACENT TO THE PROPERTY LOCATED AT 50 BONITA ROAD (APN 570-130-32) TO THE OWNER OF THE PROPERTY AT 50 BONITA ROAD AND AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS TO COMPLETE THE TRANSACTION The owner of property located at 50 Bonita Road has requested to purchase an unused, excess portion of City owned Bonita Road lying between her property and the traveled roadway. This area was left unneeded after the construction of the E Street Extension in 1963. In order to sell this land, Council is required to vacate the existing public access rights and declare the vacated portion as exempt surplus land. (Public Works Director) Staff recommendation: Council adopt the resolutions. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CHANGE ORDER FOR BROOKFIELD SHEA OTAY, LLC FOR THE GRADING OF EASTLAKE P ARKW A Y PHASE 3 AND HUNTE P ARKW A Y PHASE 3 Brookfield Shea Otay, LLC has constructed Eastlake Parkway Phase 3 and Hunte Parkway Phase 3 in conjunction with the development of Otay Ranch Village 11 (Winding Wall~). These roadways are within the Transportation Development Impact Fee (TDIF) program, and therefore, eligible construction costs are credited against the payment of TDIF fees for the development. The Phase 3 segments of the two roadways were constructed using the same unit prices as the Phase 2 segments and are therefore considered a construction change order. Change orders above $50,000 are subject to Council approval. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. 7. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 17, SECTION 17.10.100 OF THE MUNICIPAL CODE TO FACILITATE THE DEFERRAL OF IN- LIEU PARK FEES Page 3 - Council Agenda htto:/ /www.chulavistaca.gov April 7, 2009 On December 16, 2008, City Council approved the creation of a payment plan program for development processing and impact fees due to the current economic downturn. This action would allow developers to also defer Park Acquisition and Development fees to a time later than the approval and recordation of the parcel .or final map, or for development that does not require a parcel or final map, later than permit issuance. The purpose of the fee deferral program is for the purpose of stimulating economic development within the City of Chula Vista. Both fee deferral programs will expire on December 31,2010 and in no way relieve developers for fee obligations. (Deputy City Manager/Development Services Director) Staff recommendation: Council hold first reading ofthe ordinance. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes OTHER BUSINESS 8. CITY MANAGER'S REPORTS 9. 4:30 p.m. Time Certain A. MA YOR'S REPORTS COMMITTEE CHAIRS FROM THE MA YOR'S TASK FORCE FOR CREATING A SUSTAINABLE CHULA VISTA NATURE CENTER WILL PRESENT THEIR PRELIMINARY REPORT Recommendation: Council accept the report and refer it to staff, to be brought back to the City Council in three weeks. B. RATIFICATION OF THE APPOINTMENT OF MARY MCDERMOTT TO THE CULTURAL ARTS COMMISSION C. RATIFICATION OF THE APPOINTMENT OF JAMES DODD TO THE GROWTH MANAGEMENT OVERSIGHT COMMISSION AS THE SOUTHWEST REPRESENTATIVE D. RATIFICATION OF THE APPOINTMENT OF ARMIDA TORRES TO THE GROWTH MANAGEMENT OVERSIGHT COMMISSION AS THE BUSINESS REPRESENTATIVE 10. COUNCILMEMBERS' COMMENTS Page 4 - Council Agenda http://www.chulavistaca.gov April 7, 2009 CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7). 11. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: Human Resources Director ADJOURNMENT to the Regular Meeting of April 21, 2009 at 6:00 p.m. in the Council Chambers. (The meeting of April 14, 2009 has been cancelled) Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building 100, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at (619) 691-5041 at least forty-eight hours in advance of the meeting. Page 5 - Council Agenda htto://www.chulavistaca.gov April 7, 2009 DRAFT MINuTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 9, 2008 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:05 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: . None ALSO PRESENT: Interim City Manager Tulloch, Interim City Attorney Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · OATH OF OFFICE Christopher Shilling to the Board of Ethics City Clerk Norris administered the oath of office to Mr. Shilling, and Councilmember Castaneda presented him with a certificate of appointment. . INTRODUCTION BY REDEVELOPMENT & HOUSING ASSISTAL"\JT DIRECTOR ERIC CROCKETT, OF EMPLOYEE OF THE MONTH, LEILANI HINES, PRINCIP AL PROJECT COORDINATOR Redevelopment & Housing Assistant Director Crockett introduced employee of the month, Leilani Hines. Mayor Cox read the proclamation and Councilmember McCann presented it to Leilani. . INTRODUCTION BY RECREATION DIRECTOR BUCK MARTIN OF ISRAEL GARZA, CHAIR OF THE PARKS &. RECREATION COMMISSION AND PRESIDENT OF THE CHULA VISTA YOUTH SPORTS COUNCIL, AND PAUL ARRIOLA, CHULA VISTA RESIDENT, WHO WAS SELECTED TO PARTICIPATE ON THE UNDER l4'S U.S. NATIONAL SOCCER TEAM Recreation Director Martin introduced Israel Garza, who recognized Paul Arriola as the only San Diego resident selected to participate on the under-14 U.S. National soccer team. He also introduced Paul's parents, his head coach, and fellow team members present at the meeting. Mr. Martin then presented Paul with a token of appreciation on behalf of the City. Page 1 - Council Minutes 1-1 December 9, 2008 DR.A.FT SPECIAL ORDERS OF THE DAY (Continued) · RECOGNITION BY CONSERVATION AND ENVIRONMENTAL SERVICES DIRECTOR MICRA.EL MEACHAM OF KOHL'S DEPARTMENT STORE AND HOME DEPOT FOR THEIR DONATIONS TO THE CITY'S ENVIRONMENTAL PROGRAMS Environmental Services Director Meacham recognized KoW's department store for its contributions to the City and for its volunteer efforts. He then introduced Kohl's representative, Ana Fajardo and her son, Jose Fajardo. Director Meacham also recognized Home Depot for its partnership with the City, and for its work with compo sting and recycling workshops. He further stated that Home Depot had volunteered to fund costs for the holiday lighting at City Hall. He then recognized and introduced Chula Vista Home Depot's Store Manager, Janet Wheeler. · PRESENTATION BY CITY STAFF ON THE ACCOMPLISHMENTS OF THE CHULA VISTNSDG&E LOCAL GOVERNMENT PARTNERSHIP, WHICH PROVIDES ENERGY EFFICIENCY SERVICES TO LOCAL RESIDENTS, BUSINESSES AND CITY OPERATIONS A]\ITI HELPS LOWER MONTHLY UTILITY COSTS Director Meacham presented the SDG&E/CPUC Partnership Program, and recognized City departments that contributed to these efforts. Director of Engineering Hopkins presented the Municipal Facilities improvements component of the program. Deputy Building Official EI Khazen presented the Sustainable Communities Outreach portion of the program. Building Inspector McGuire further explained the program's goal of educating the public on energy conservation, including rebate programs. Economic Development Manager Stone presented the Redevelopment and Economic Development component of the program. Environmental Resource Manager Reed presented the Community Energy Efficiency portion of the program. He then introduced Risa Baron, Program Supervisor, Local Government Partnership Program, who thanked the City for its leadership, stating that the City's program Was recognized by the California Public Utilities Commission as a model partnership. . Councilmember Ramirez suggested further outreach by City staff and SDG&E, on programs for local businesses. · PRESENTATION BY THE FEDERAL COMMUNICATIONS COMMISSION TO PROVIDE INFOR.MATION REGARDING THE DIGITAL TV TRA.l\iSITION SCHEDULED FOR FEBRUARY 17,2009 Bill Zears, District Director, San Diego Office for the Federal Communications Commission, provided information regarding the digital television transition scheduled for February 17,2009. Contact information about the transition can be found at www.DTV.gov, or by phone at 1-888- CALL-FCC. Page 2 - Council Minutes 1-2 December 9,2008 DRAFT CONSENT CALENDAR (Items 1-13) Mayor Cox announced that Items lB and 9 would be pulled from the Consent Calendar and voted on separately. 1. WRITTEN COMMUNICATIONS A. Letter of resignation from Kevin O'Neill, member of the Growth Management Oversight Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. B. This item was removed from the Consent Calendar, and considered separately. 2. RESOLUTION NO. 2008-274, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $500 DONATION FROM KOHL'S DEPARTMENT STORES AND APPROPRIATING THE FUNDS TO THE CONSERVATION & ENVIRONMENTAL SERVICES DEPARTMENT'S FISCAL YEAR 2009 BUDGET (4/5THS VOTE REQUIRED) In May 2008, employees from the KoW's Department Store participated in a community tree planting event as part of the City's Urban Shade Tree Project. The project is administered by the Public Works and Conservation & Environmental Services Departments, and is a community-based program to expand the number of shade trees along public rights-of-way. As a result of the employees' participation, KoW's Department Store has subsequently donated $500 to help support the environmental program. (Conservation & Environmental Services Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2008-275, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN ADDENDUM TO THE LOCAL GOVER.NMENT PARTNERSHIP AGREEMENT WITH SAN DIEGO GAS & ELECTRIC TO CONTINUE THEIR FUNDING OF ENERGY EFFICIENCY PROGRAMS, AND APPROPRIATING $551,808 TO THE ENERGY CONSERVATION FU~l) TO PROVIDE BRIDGE FUNDING FOR THE PARTNERSHIP THROUGH FISCAL YEAR 2009 (4/5THS VOTE REQUIRED) The Local Government partnership between the City of Chula Vista and San Diego Gas & Electric (SDG&E) provides funding for energy efficiency services to local residents, businesses and City operations that reduce the amount of electricity and natural gas consumed and lower montWy utility costs. The contract addendum would provide "bridge funding" for the Partnership until the California Public Utilities Commission formally approves the proposed 2009-2011 Chula Vista/SDG&E Energy Efficiency Partnership Program (anticipated in June 2009). Approval of the addendum would allow the City to continue its efforts to expand energy efficiency opportunities in the community and at municipal facilities. (Conservation & Environmental Services Director) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes 1-3 December 9, 2008 DRAFT CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2008-276, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A SERVICE CONTRACT TO KEENOLOGY CORPORATION DBA CIPPLANNER CORPORATION FOR THE PURCHASE AND IMPLEMENTATION OF A CAPITAL IMPROVEMENT PROGRAM (CIP) PLA.NNING AND BUDGETING SOFTWARE SYSTEM, AMENDING THE FISCAL YEAR 2008/2009 CIP PROGRAM, AND APPROPRIATING $120,000 FROM THE AVAILABLE FUND BALANCE OF V ARlOUS ELIGIBLE FUNDING SOURCES TO THE "CIP MANAGEMENT EQUIPMENT AND SOFTWARE PURCHASE" (OP208) . PROJECT (4/5THS VOTE REQUIRED) The existing Capital Improvement Budget program was developed in-house approximately 18 years ago using technology developed that is now considered obsolete and does not allow for multiple users to enter data simultaneously, is very labor intense, is no longer supported and cannot be enhanced to fully integrate with the City IF AS or GIS systems. After exploring various alternatives, staff is recommending the purchase of an off-the shelf system used by other public agencies and recommended by the Government Finance Officer Association for Capital Improvement Budget development and project management. (City Engineer/Engineering Director) , Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2008-277, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION AND DECLARING ItS INTENTION TO INITIATE PROCEEDINGS TO CONSIDER THE FORMATION OF AN ASSESSMENT DISTRICT FOR GLENHA VEN WAY FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS Residential properties along Glenhaven Way, Elm Avenue and Amy Way west of First A venue are currently without curbs, gutters and sidewalks and the street is deteriorating. The City has received a petition signed by 27 of the 37 residents of this neighborhood requesting that special assessment district proceedings be commenced for the purpose of financing the construction of these improvements. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolutions. 6.A. RESOLUTION NO. 2008-278, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE MAKING OF AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1 PURSUANT TO PART 10 OF DIVISION 10 OF THE STREETS AND HIGHWAYS CODE A.ND DIRECTING ACTIONS WITH RESPECT THERETO B. RESOLUTION NO. 2008-279, RESOLUTION OF THE CITY COlJNCIL OF THE CITY OF CHULA VISTA PRELIMINARIL Y APPROVING AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1, ORDERING THE PUBLIC HEARING, AND DIRECTING ACTIONS WITH RESPECT THERETO Page 4 - Council Minutes 1-4 December 9, 2008 D RA.FT CONSENT CALENDAR (Continued) C. RESOLUTION NO. 2008-280, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE MAKING OF AN AMENDED REASSESSMENT \\ilTHIN REASSESSMENT DISTRICT NO. 2001-2 PURSUAl"JT TO PART 10 OF DIVISION 10 OF THE STREETS AND HIGHWAYS CODE Al'JD DIRECTING ACTIONS WITH RESPECT THERETO D. RESOLUTION NO. 2008-281, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PRELIMINARlL Y APPROVING AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO: 2001-2, ORDERING THE PUBLIC HEARING, Al"\!D DIRECTING ACTIONS WITH RESPECT THERETO In the past, the City has formed assessment districts to provide funding for infrastructure under the M1inicipa1 Improvement Act of 1913, which requires that when a parcel of land upon which there is an unpaid assessment splits, the original assessment must be segregated and apportioned. Apportionments are required for parcels that are reconfigured ancIJor subdivided in order to redistribute the assessment lien to the newly created parcels. At this time, there are a number of outstanding apportionments which require that the assessment liens be apportioned to the newly created parcels. A public hearing will take place on January 6, 2008 at 4:00 p.m. (City EngineerlEngineering Director) Staff recommendation: Council adopt the resolutions. 7. REPORT REGARDING DEVELOPMENT IMPACT FEES, PARK ACQUISITION AND DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUND FEES FOR THE FISCAL YEAR ENDED JUNE 30, 2008 State Government Code Section 66000 requires that local agencies assessing Development Impact Fees (DIF) imd sewer capacity charges make available specified financial data to the public each fiscal year. These reports satisfy that requirement and have been available in the City Clerk's office for public review since November 24, 2008. A report has also been included on the Parkland Acquisition and Development (P AD) fees for ease of reference and convenience to the public. (Deputy City Manager, Finance Director, Engineering Director) Staff recommendation: Council accept the report. 8. RESOLUTION NO. 2008-282, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA A WARDING A TWO-YEAR PURCHASE AGREEMENT TO BAKER & TAYLOR, WITH SIX ONE- YEAR RENEWAL OPTIONS FOR THE PURCHASE OF LIBRARY BOOKS .A.ND AUDIO-VISUAL MATERIALS On September 5, 2008 the City's Purchasing Agent issued specifications to select a primary and possibly secondary supplier of library books and audio-visual materials for a contracted two-year period ending December 31,2010. Four vendors, representing major book suppliers in the public library and educational marketplace, responded. Adoption of the resolution approves the awarding of the purchase agreement to Baker & Taylor. (Library Director) Staff recommendation: Council adopt the resolution. Page 5 - Council Minutes 1-5 December 9,2008 DRAFT CONSENT CALENDAR (Continued) 9. This item was removed from the Consent Calendar, and considered separately. 10. RESOLUTION NO. 2008-284, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $5,223 FROM THE BUREAU OF JUSTICE ASSISTA.NCE MTI APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE BULLETPROOF VEST PARTNERSHIP (4/5THS VOTE REQUIRED) The Police Department was recently notified by the Bureau of Justice Assistance of approved funding for the Bulletproof Vest Partnership (BVP). The BVP funding will pay for 50% of the cost of bulletproof vests for police officers. Matching funds are already included in the Police budget. (Police Chief) Staff recommendation: Council adopt the resolution. 11. RESOLUTION NO. 2008-285, RESOLUTION OF THE CITY COTJNCIL OF THE CITY OF CHULA VISTA ACCEPTING $150,000 FROM THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES AND APPROPRIATING FUNDS THEREFOR, WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING THE CONTRACIUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE SERVICES FOR DOMESTIC VIOLENCE CASES (4/5THS VOTE REQUIRED) The Police Department and South Bay Community Services have been working in partnership for the past eleven years providing domestic violence services to the community. Adoption of the resolution will accept a grant from the Governor's Office of Emergency Services for Domestic Violence Response Team services and approve a contractual agreement with South Bay Community Services to provide said services. (Police Chief) Staff recommendation: Council adopt the resolution. 12. RESOLUTION NO. 2008-286, RESOLUTION OF THE CITY CmJNCIL OF THE CITY OF CHULA VISTA ACCEPTING $236,902 FROM THE CALIFORi'J"IA OFFICE OF TRAFFIC SAFETY A..NTI APPROPRIATING SAID FUNDS TO THE POLICE GRA..NT FUND FOR THE SOBRIETY CHECKPOINT PROGRAM (4/5THS VOTE REQUIRED) The Police Department has received funding from the California Office of Traffic Safety for the Sobriety Checkpoint Program. The goal of this program is to reduce the number ofvicti..rlls killed and injured in alcohol-involved crashes. (Police Chief) Staff recommendation: Council adopt the resolution. Page 6 - Council Minutes 1-6 December 9, 2008 DRAFT CONSENT CALENDAR (Continued) 13. RESOLUTION NO. 2008-287, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $49,913 FROM THE CALIFORt'JIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING SAID FUNDS TO THE POLICE GRA.1\JT FUND FOR THE CLICK-IT OR TICKET PROGR.A.M (4/5THS VOTE REQUIRED) The California Office of Traffic Safety has awarded $49,913 to the Police Department for the Click-It or Ticket Program. The goal of the California Click-It or Ticket project is to increase seat belt use statewide to 96% by September 8, 2009. (Police Chief) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staff s recommendations and offered Consent Calendar Items lA, 2 through 8, and 10 through 13, headings read, text waived. Councilmember McCann seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALEJ:,mAR Councilmember Bensoussanstated that she wO\lld be abstaining from voting on Item 1B, and Item 9, due to a potential conflict of interest with property ownership. 1. \VRITTEN COMMUNICATIONS B. Letter of resignation from Pamela Bensoussan, member of the Planning Commission. Staffrecommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. . 9. RESOLUTION NO. 2008-283, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MILLS ACT CONTRACT BETWEEN THE CITY OF CHULA VISTA A.ND THE OWNERS OF THE HISTORIC SITE LOCATED AT 201 "I" STREET AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT In accordance with Council Policy #454-01, staff has prepared a contract for the owners of 201 "I" Street (Historic Site #74), who have requested to participate in the Mills Act program. Upon authorization by the City Council, the City will enter into the agreement, which will then be forwarded to the County Assessor's office for recordation, making the property eligible for tax credit in the next assessed tax year. (Planning & Building Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staff s recommendations, and offered Consent Calendar Items IB and 9, headings read, text waived. Councilmember McCann . seconded the motion and it carried 4-0-1, with Councilmember Bensoussan abstaining. Page i-Council Minutes 1-7 December 9, 2008 DRAFT PUBLIC COMMENTS Steve Eastis, Chula Vista resident, representing the Third Avenue Village Association, thanked the City for its part in the well-run Starlight Yule Parade. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke in opposition to the proposed MMC peaker power plant. PUBLIC HEARINGS 14. CONSIDERA.TION OF PROPOSED ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND A.ND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (Finance Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox then closed the public hearing. ACTION: Councilmember McCann moved to adopt the following Resolution No. 2008-288, heading read, text waived: RESOLUTION NO. 2008-288, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND A....1'\lD APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL Councilmember Ramirez seconded the motion and it carried 5-0. 15. CONSIDERA.TION OF PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LA.l\ffi AND PLACEMENT OF DELINQUENT CRA.RGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected o\.Vner occupied properties and ultimately placed on the property tax bills for collection. (Finance Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Page 8 - Council Minutes 1-8 December 9, 2008 DRAFT PlTBLIC HEARINGS (Continued) ACTION: Councilmember McCann moved to adopt the following Resolution No. 2008-289, heading read, text waived: RESOLUTION NO. 2008-289, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LA.ND AND APPROVING. PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL Councilmember Castaneda seconded the motion and it carried 5-0. ACTION ITEM Prior to addressing Item 16, Mayor Cox announced receipt by the City, of a recently secured $250,000 challenge grant for the Chula Vista Nature Center, and explained how the grant worked. To that end, Mayor Cox announced that the City had just received a $2,500 check donation from Henry's Marketplace that would be partially matched by an anonymous donor, and the remaining balance by the SEMPRA Foundation. Councilmember McCann stated that he would commit $1,000 to the Friends of the Nature Center, and he encouraged donations by the community of any sum. 16. REPORT AND CONSIDER.4\TION OF THE INTERIM CITY MANAGER'S PROPOSED BUDGET REDUCTIONS Presentation of the Interim City Manager's proposed budget reductions for the 2008/2009 and 2009/2010 budgets. (Interim City Manager) Interim City Manager Tulloch introduced the item and gave a brief recap of prior budget workshops. He stated that the budget would also be discussed at the December 16,2008 Council Meeting to address the early retirement program, refmancing and Redevelopment Agency debts, and revenue forum, with the goal of trying to reach closure by January 6, 2009. Additionally, by prior request of the Council, he stated that the December 16th meeting would include discussion with the Council, staff, and the public, on alternatives for revenue enhancements. Department Directors then provided the Council with responses to Council questions and directives from the December 4, 2008 Council Workshop. With respect to passport services, Councilmember McCann stated that the service had resulted in a net positive in revenues for the City, and he recommended that the program be monitored through June 30, 2009, ""ith ongoing monitoring thereafter, to look at any drop off points. He stated that it did not make sense to remove a revenue-generating program. Councilmember Castaneda stated that passport services was not a core City function, and he spoke of the need to see what City resources were being expended to run the service, and that the program be re-assessed on a quarterly basis. Page 9 - Council Minutes 1-9 December 9, 2008 DRAFT ACTION ITEM (Continued) With respect to park reservations, CouncilmembetCastaneda asked staff for empirical data based upon the number of park shelters, usage, and program costs, to determine whether or not park reservation fees could be moderately increased in order to retain the services. Regarding street lighting, Councilmember McCann requested that staff look at converting those traffic light signals that were not already equipped with LED lighting. Further discussion ensued between the Council and staff about dimming area street lights as a cost savings measure. Interim City Manager Tulloch responded that since at least three Councilmembers spoke in opposition to the proposal, that staff would not pursue dimming or cutting any street lighting. With respect to Parkway Pool, Councilmember McCann suggested the installation of solar panels to reduce heating costs. He also encouraged reducing the pool water temperature for further cost savings, and suggested that staff contact other cities to see what they were doing. With respect to Police Department alarm fees, Councilmember Castaneda requested that staff meet with the Public Safety Committee to discuss what was brought before the Council on the matter of alarm fees/false alarms at a prior Council meeting, and to further discuss details about the issue. Norma Turner, Chula Vista resident, provided the Council with a letter dated December 9, 2008, that addressed costs associated with overtime pay in the Fire Department, and she recommended a trade system for fire personnel requesting days off. She also suggested consideration by the Council of utilizing volunteer services for parks reservations and parking meter monitoring, and she spoke in opposition to eliminating the Volunteer Coordinator position. Israel Garza, Chula Vista resident, spoke about the important role of parks and recreation in the community, and he urged the Council not to cut programs to the point of negative returns and risking public safety and quality of life. He suggested Council consideration of a temporary sales tax increase to address budget issues. Isabelle Espino, Chula Vista resident, spoke in opposition to the closure of the Eastlake Library. Peter Watry, Chula Vista resident, suggested that the Council cut the fat before cutting the muscle, which he defined as budget items that did not serve the citizens, including overtime pay for firefighters, false alarm calls for the Police Department, and scheduled pay raises for Police and Fire personnel. Theresa Acerro, Chula Vista resident, spoke in favor of eliminating the Mayor's Chief of Staff position, and she suggested that salary savings from the position be utilized to keep Parkway Pool open. She spoke in favor of eliminating car allowances, and suggested that the Councilmembers pay their share of the CalPerspension fund and reject salary increases. She spoke in opposition to the Council decision to fill the Planning Director and Fire Chief positions, stating that the salary savings would have been sufficient to keep the Eastlake Library or Nature Center open, or keep the STRETCH and DASH programs. She spoke in opposition to a sales tax increase until changes occurred with the way the City did business. Page 10 - Council Minutes 1-10 December 9, 2008 DRAFT ACTION ITEM (Continued) Patricia Aguilar, Chula Vista resident, spoke in support of a half-cent sales ta'{ increase on a temporary basis, \Vith a sunset clause. She also suggested implementation of user fees, and consideration by the City's employee bargaining groups to reduce, eliminate or postpone. cost of living increases. Mitch Thompson, Chula Vista resident, asked the City's employee bargaining groups to come back to the table to assist \Vith addressing budget issues. With respect to matching funds by donors for the Nature Center, he suggested implementation of some form of a conditional grant prior to tax time. He also suggested for the long term, advertising of the Nature Center challenge grant via Laidlaw Waste billing services, or alternative marketing. He spoke in support of retaining passport services, and suggested formation of a citizen's task force to institutionalize . creative ways of revenue generating ideas. Steven Pavka, Chula Vista resident, spoke in support of a sales tax increase, and spoke in opposition to any to\Ving fee increases. He also spoke in support of retaining the Chula Vista Nature Center. At 10:27 p.m., Mayor Cox announced a recess of the City Council Meeting. The meeting reconvened at 10:48 p.m. with all members present. Interim City Manager Tulloch informed the Council that it was staff s intent to further address the budget at the December 16, 2008 Council Meeting on revenue generating ideas, and public input, with the objective for the Council to reach a decision on budget reductions at the January 6, 2009 Council meeting. Director of Budget and Analysis Van Eenoo clarified a comment by one of the speakers regarding bargaining groups, stating that all four of the City's bargaining groups had agreed to come to the table. Discussion ensued between the Council and staff regarding clarification of overtime pay for firefighters. Councilmember Castaneda asked staff for a time line on a report to the Council on the feasibility of an incremental repayment of City debt from the Redevelopment Agency. Interim City Manager Tulloch responded that staff would provide a report to the Council on the matter prior to the Council Meeting of December 16,2008. Councilmember Ramirez requested to reserve his right to re-consider whether or not to cut street lights in portions of the City. Mayor Cox proposed potential savings in the Office of the Mayor and Council budget in the amount of approximately $468,000, which included elimination of the Chief of Staff position, effective July 1,2009. She also recommended consideration by the Council to look at reductions in support. staff to assist \Vith cost reductions. Further discussion ensued between Councilmember Castaneda and Mayor Cox regarding the Mayor and Council budget. To that end, Councilmember Castaneda suggested he and Councilmember Ramirez corne back \Vith suggestions on the Mayor's proposal in January 2009. Page 11 - Council Minutes 1-11 December 9,2008 DRAFT ACTION ITEM (Continued) Councilmember Bensoussan requested that staff look at the possibility of discontinuing the Chula Vista Redevelopment Corporation and Redevelopment Advisory Committee functions. Interim City Manager Tulloch responded that staff would provide information to the Council at its December 16, 2008 meeting related to associated costs and the process to undo the strvcture. Councilmember Ramirez spoke regarding the Mayor/Council budget, and he suggested the formation of a Council Subcommittee comprised of the Mayor and Councilmember Castaneda, or he and the Mayor, to conduct a detailed discussion on the matter, and to come back to the Council with proposed recommendations at the Council meeting of December 16, 2008. OTHER BUSINESS 17. INTERIM CITY MANAGER'S REPORTS There were none. 18. MAYOR'S REPORTS Appointment of Deputy Mayor ACTION: Mayor Cox moved to appoint Councilmember Castaneda as Deputy Mayor. Councilmember Bensoussan seconded the motion. Councilmember Castaneda responded, declining the position, and recommended the appointment of Councilmember McCann as Deputy Mayor. ACTION: Councilmember Castaneda moved to appoint Councilmember McCann as Deputy Mayor. Mayor Cox seconded the motion and it carried 5-0, Mayor Cox spoke about the recent visit by Governor Schwarzenegger to San Diego, and the extraordinary amount of work being done between Senators Ducheny, Feinstein, and Boxer, regarding the second border crossing at Otay. Mayor Cox reported that Otay 2 would be a predominantly commercial border crossing, connecting with SR-125, with proposed project completion in 2014. 19. COUNCILMEMBERS' COMMENTS Deputy Mayor McCann thanked the Third Avenue Village Association (TA V A) on the recent Starlight Yule. Parade, and the Christmas tree lighting event. He thanked everyone for participating in the budget process. Councilmember Castaneda thanked TA V A and City staff on success of the Starlight Yule Parade, Page 12 - Council Minutes 1-12 December 9, 2008 D R...A.FT COUNCILMEMBERS' COMMENTS (Continued) Councilmember Ramirez thanked staff for their work and efforts regarding the budget, and stated that the Council would work just as hard to seek solutions to the budget and move forward in a productive manner. He reported that his reGent Public Office Hours meeting addressed the Broadway business corridor, stating that more work would be forthcoming to assist small businesses. Councilmember Bensoussan thanked the Council and staff for assisting with her transition as Councilmember, and stated that she looked forward to meeting with department heads. . Mayor Cox recessed the meeting to Closed Session at 11 :36 p.m. CLOSED SESSION 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVER.NMENT CODE SECTION 54956.9(a): A. . Spatafore v. City of Chula Vista, et a!., United States District Court, Case No. 07CV1887 BEN LSP;and B. DJ Allen v. City of Chula Vista, et aI., San Diego Superior Court, Case No. 37- 2008 00069534-CU-PO-SC.. . No reportable action was taken on these items. 21. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 A. Agency designated representatives: Scott Tulloch, Marcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Edward Van Eenoo, Leah Browder B. Employee organizations: CVEA, IAFF, POA, WCE, and Unrepresented Groups No reportable actIon was taken on these items. 22. FUBLIC EMPLOYEE APPOINTMENT PlJRSUAt"\J"T TO GOVERNMENT CODE SECTION 54957: Title: City Manager ACTION: Deputy Mayor McCann moved to appoiDt James Sandoval as City Manager, pending negotiation .and execution of an employment contract: Councilmember Ramirez seconded the motion and it carried 4-1, with Mayor Cox opposed. Page 13 - Council Minutes 1-13 December 9, 2008 DRAFT CLOSED SESSION (Continued) 23. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: Title: City Attorney ACTION: CounCilmember Castaneda moved to appoint Bart Miesfeld as City Attorney, and to authorize the Mayor to execute an employment contract. Deputy Mayor McCann seconded the motion and it carried 5-0. ADJO UR.1\TMENT At 2:10 a.m., Mayor Cox adjourned the meeting to the Regular Meeting of December 16,2008, in the Council Chambers. ~ ~ Lorraine Bennett, CMC, Deputy City Clerk Page 14 - COtulcil Minutes 1-14 December 9,2008 page 1 of 1 from: Brett J Davis ll1\i'iit.l:!!!:\':"Iirr...",,~J;~'l}!?~~~\!. Sent: Thursday, March 19, 2009 11:57 AM To: Michael Meacham Subject: Fw: Resignation letter to RCC ----- Forwarded Message ---- From: Brett J Davis <~;f~'!l:~c;e;r22l.'!,s~V To: mmeacham@cLchulalvista.ca.us Sent: Wednesday, March 18,20094:57:04 PM Subject: Resignation letter to RCC Dear Micheal, Thank you so much for allowing me the opportunity to have worked with you as a member of the RCC. Unfortunately, due to the current Economic times, I can longer fulfill my obligations as a member. I wish you and the RCC the best in your future. Sincerely, Brett Davis d.. file: IIC: \Documents%20and%20Settinqs\lorra inb \Local%20Settings\ Temporary%20Int... 3/20/2009 CITY COUNCIL AGENDA STATEMENT ~~ CITY OF CHULAVISfA 04/07/2009 Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING UNCLAIMED MONIES IN THE AMOUNT OF $98,372 FROM THE CASH BOND DEPOSIT FUlv'D TO E GENERAL FUND. SUBMITTED BY: CHIEF OF POLICE REVIEWED BY: CITY MANAGER 4/STHS VOTE: YES NO X SUNINIARY The City currently has unclaimed monies in the Cash Bond Deposit Fund. The money was deposited by the Police Deparunent in accordance with Government Code Article 3, Section 50050 provisions, which state that money that remains unclaimed for three yeazs may become the property of the City after certain advertising requirements aze met. The amount of $98,372 is now eligible for transfer to the General Fund. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review- is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMNIISSION RECOMMENDATION Not Applicable. 3-1 04/07/2009, Item Page 2 of 2 DISCUSSION The City currently has unclaimed monies in the Cash Bond Deposit Fund. Monies deposited into the Cash Bond Deposit Fund primarily include cash confiscated during arrests that has remained unclaimed. This money was deposited by the Police Department in accordance with Article 3, Section 50050 of the Government Code. According to Government Code provisions, money that remains unclaimed for three years may become the property of the City after certain advertising requirements aze met. Government Code Section 50052 provides that if no claim is made for the monies after proper notification as required by Government Code section 50050, the unclaimed money may become the property of the City on a designated date not less than 45 days nor more than 60 days after the first publication of the notice. The City gave public notice of the unclaimed monies in the Star News on February 13 and 20, 2009. The amount of $98,372 is now eligible for transfer to the General Fund. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot Wile found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT Approval of this resolution will result in the transfer of $98,372 to the General Fund. This transfer is already included in the fiscal year 2008/2009 budget. Therefore, there is no net fiscal impact to the General Fund. ATTACHMENTS Staz News Proof of Publication. Prepared by: Jonathan Alegre, Principal Management Analyst, Police Department 3-2 PROOF OF PUBLICATION (2015.5 C.C.P} STATE OF CALIFORNIA, County of San Diego: I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principle clerk of the printer of THE STAR-NEWS, a newspaper of general circulation, published ONCE WEEKLY In the city of CHULA VISTA and the South Bay Judicial District, County of San Diegc, which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of January 18, 1973, Case Number 71752; that the notice, of which the annexed is a printed copy (set in type not smaller than non- pareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 2/13, 2/20 all in the year 2009. I certify (or declare) under penalty of that the foregoing is true and correct. Dated at Chula Vista, California 9191 this 20th day of February 2009. '1 ~ Signature ~ `- (~ PRINCI CLERK This space is for the County Clerk's filing stamp. Proof of Publication of CV3S430 Public Notice .PUBLIC NOTICE - - ' In accdrda nce ~Nith Article 3, Section 50050 of the: Slate of Caliiomia 9dvernment Cade-the Ci ty of Chula VisT -is giving notice of unclaimed' monies that 2main~ in the heasury far a pericd'greater than: thrue~ years:" If atte Yhis notificatiart na vedfied~ comptaint has deernfiled to recover Che: maoies, it shall became the prapert! of Yhr City cf Chula Vista on. a designated. date not less than forty-five (45 ):. days nor-mare than sixP( (:60 ) days afte the first pu dlicatfon of Ute notice. After the, monies became the. property of the Ciry, the Iegfs faL've 5ody maI transfer d t o the General Fund.- All: monies are being carried. in the C ash Band Oeposd Fund. A lk cla ims sneuh de directed' te the: Crime Cab Manager at fi91-5270; _ GALE OESCRIPTtOf4 - pECE3PT NUMBER AMOUNT 02/0:1N5 Pafica CepC Case #05-078'15 - 04-0065964 - ~ 6 972.00- 02104/05 Poiice:Oept: Casa r05-02385 ~_ - 04 OOfifi061 $ , 7,278.81 02!08/05 Poliee:.0ept Case 05-02388 , - : - 04-006617fi - $ 12.09; .00 02/77/05. Palice,DepE_Casa;305.0.2386 - - ~ . C4-0066085 S 7.5,730.10 07/T7lA5 Po[ice0ept0ase,%O50t8S5 ~ ~ 04-00664.05 $ 9- 599AC 03415!05 Pcltde°Ffept Case,i65-475375 - - 04-0067050 S , 740.00 05/12!05 CRIME SAB-FOUN0:~8 C1NCLAEMED-MONIES - - 04-006841fi $. 610-00 OSbt8io5 CRI'MEtAB-FOUNtt.&UNCtAIMEO~MONIEB 04-OOfi8529 3. Zr400:.25 05/i 9/05.. CREME LAB • FQUNP & EfNECAtM'EFk AAQN.IES - 04-0068623: $ t,475~.45 05!20/05 CRIME LA6-FO€FNP&tINCLAIMEd-MONIES. X04.0068574 ~ 4,87]':80: 05/25/05 CRIME LfiB-FOt[NO&UNCLAtME~!MONIEB 04-00fi87fi3 _ ~$ 2,538.27 Ofi(03/05 .CRIME LA&-FOUND &UNCLAINIEP_MONIES ~ - 04-OOfi893~. $ 4,930tZY 06/1!0!05 CRIME CAB-FOttNO~~&UNCtA[ME6MONIES . 04-Q0fi91~5Q - $ . f„003.37 Ofi/21/05 CR6NfE.LAB-FCUaO8t1NCLAfMEfS•MONIES '- 04-0069427 . -$ --4,S9T.C0 07/18105 CRIMELAB -FOUND 8 UNOLAIMEO MONIES ~04-007021519 $ ~ },393.89 07119!05 CRIME:LAE'-FOUN08 UNCCAfME6MON(ES• 04-00470253-6B $ ~~F90~.54 09/14!05 CRIME CAB=FOUND'&UNCLAIMED RttONfES~- - 04-0071832-45 `.S 85o-A0 09/13/OS CRIMEL4B-FOUN0~8:UNCCAfMEF2MONIES -.- 0G-00077807 $ 17 F1 09/73/05 CRIME LAB-FOUND&UNCCAI'FAECvMCNIES {04-0O0d2096-105:'.. S . 825:61 09/28!05 CRI.MELGB-POUN.D~&UNCLAt6tEDMONIEB 04-000722x2-49~- S~ . 5,091.18 10it~8/05 CRIMELAB-FOUND-&UNCCAfMEt1'MONfES ~ 0?-00072741-806 .$ 2,532.49 10/1:9/05 CRIME.tAB-FQf1ND&UNELA€MED~M0NIE5 04007265t-60:i $~ 3,364.04. 11/0TF05 CR4M~CAB -FOUND $ lFNCLAIMEII MONIES O4-00073391-97 $ :624.F7 T1i15/OS CRfMEfRB-F€7UNQ& UNCL'AIMEO'~IONIES:~ ~ 04-906F3578-82 $ 866.74 1.1 f16/05 CRIME L2B-FOUNQ~B: UNCLAIME~MONtES 04-00073630-34 $ YO&7.82 tZ/15706 CR[MELAB-FOUNE€~UNCLAIMEDMONIES ' 004~-000T4354-58 $ 230.38 12/1.5105 CRIMEEAB~•FOUN©!:&UNCt RIME[AMONIES-~- - 004-00074388-92 ~ $ 1,038.88 t2/2ilOS CR[MECAB-FCUN©&.UNCLAfMEQMONIES - 004-00074388-92. $ T77.9fi S T2/22(OS- 12/ 3/05 C$IM tA8-FDUND'~UNCLAIME6 MONIES C fi ~ 004-0007uS5.63' S , 3878.41. 2 91 rI LAB - FOt1Nfb ~ UNCfArMED MONIES 00400044584 $ 5,39332 GV38430 ~ - "- - - vi aamna RESOLUTION N0. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING UNCLAIMED MONIES IN THE AMOUNT OF $98,572 FROM THE CASH BOND DEPOSIT FUND TO THE GENERAL FUZVD WHEREAS, the City currently has monies in the Cash Bond Deposit Fund, which primarily include cash confiscated during arrests that has remained unclaimed; and WHEREAS, these monies were deposited by the Police Department in accordance with Article 5, Section 5000 of the Government Code; and WHEREAS, according to Government Code provisions, money that remains unclaimed for three yeazs may become the property of the City after certain advertising requirements aze met; and WT-~REAS, Government Code Section 50052 provides that if no claim is made for the monies after proper notification as required by Government Code section 50050, the unclaimed money may become the property of the City on a designated date not less than 45 days nor more than 60 days after the first publication of the notice; and WHEREAS, the City gave public notice of the unclaimed monies in the Staz News on February 15 and 20, 2009, and WHEREAS, the amount of $98,572 in unclaimed monies is now eligible for transfer to the General Fund. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the transfer of unclaimed monies in the amount of $98,572 from the Cash Bond Deposit Fund to the General Fund. Presented by: ~ C~ ichazd P. Emerson Police Chief Approved as to form by: Bart Mies e d City Attorney 3-4 CITY COU NCI L AGENDA STATEMENT ~~ ,~,,~;;~ c1Tr os= ----- CHUTAVISTA 04/07/2009 Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $444,000 FROM THE STATE OF CALIFORNIA E-911 REPLACEMENT FUND FOR POLICE COMMUNICATIONS CENTER TECHNOLOGY IMPROVEMENTS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY'S PURCHASING AGENT TO REQUEST THE STATE OF CALIFORNIA TO PURCHASE COMMUNICATIONS RELATED EQUIPMENT AND SOFTWARE FOR ITS POLICE DEPARTMENT USING TERMS NEGOTIATED BETWEEN THE STATE AND VENDORS ACCOMPLISHED THROUGH THE STATE OF CALIFORNIA'S MASTER PURCHASE AGREEMENT #5-06-58-(11-19) SUBMITTED BY: CHIEF OF POLICE ~+ r Q-2P6 REVIEWED BY: CITY MANAGE 4/STHS VOTE: YES NO X SUMMARY The State of California has a program to fund replacement of equipment for public safety dispatch centers. Every five years, the City of Chula Vista is eligible to replace dispatch equipment via State funds. The last upgrade to the City of Chula Vista's Police Dispatch Center equipment was in 2004. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. 4-1 03/24/2009, Item '"'~ Page 2 of 3 RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The Police Dispatch Center located inside the Chula Vista Police Department, is designated as a "Primary Public Safety Answering Point", or PSAP. The significance of this designation by the Federal Communications Commission (FCC) and the State of Califomia signifies that the call center is the entity that receives all the wire line and wireless 911 calls from the public within the Chula Vistajurisdictional boundaries. While the majority of our 911 calls come directly from persons requesting emergency assistance, we also receive a significant number of transfer 911 calls from other agencies. In calendar year 2007, our center operated eight "Radio/Call Taker" positions, three of which are dedicated "Call Taker" only positions. According to call statistics, the City of Chula Vista dispatch center handled a total of 483,501 calls (both 911 and non- emergency calls). Of the total calls, 90,878 were 911 emergency calls, with an additional 12,937 being abandoned 911 emergency calls (caller hung up after dialing 911). The State of California operates the "E-911 Replacement Fund" which is funded through assessments on phone bills to both residents and business' in Califomia. These funds are used to ensure that PSAP's have equipment that can handle the phone traffic and provide the best technology to entities responding to 911 calls for service. Each five yeazs, the E- 911 Replacement Fund will designate funds to jurisdictions to update their call centers. The previous equipment that was funded for the Police Dispatch Center is nearing the end of its five-year maintenance agreement (which is also paid via the State E911 project). Therefore the City of Chula Vista is eligible to purchase new, state of the art dispatch equipment and software. There have been significant advances in both hardware and software for dispatch centers, including mapping of incoming calls, automated vehicle location, and other technical improvements which make dispatching more efficient and cost effective. The City of Chula Vista's allotment from the State for this project is $444,000. This allotment is based upon the number of calls for service the dispatch center handled in 2007, plus the number of years that have passed since our last 911 equipment upgrade (2004). These funds can only be used to replace dispatch center software and equipment, and do not have any matching requirements. The pricing terms for the equipment have been already been negotiated between the State and eight (8) vendors by way of the State's "master purchase agreement." The master purchase agreement consists of the State's standard purchasing agreement terms and the miscellaneous product pricing rates negotiated by the State specific to each of the eight vendors. On October 2006, the State awazded contracts to eight contractors who were responsive to State RFP 54159 requirements. The Police Department is currently 4-2 03/24/2009, Item Page 3 of 3 evaluating each of the eight vendors in order to ensure the best value for our allotment, and the best equipment/softwaze for this allotment. Therefore, in order to take advantage of the pricing terms that have already been negotiated by the State, staff requests Council provide authority to the purchasing agent to use the master purchase agreement to request the State to purchase. Chula Vista Municipal Code 2.56.140 and Council Resolution 6132 authorizes the Purchasing Agent to use cooperative bid agreements negotiated by other governmental agencies to purchase equipment. The City will submit purchase orders for equipment to the State. The State then makes direct payment to the supplier using the standard agreement applicable to the specific vendor which is part of the master purchase agreement. Therefore, no appropriations to the budget are needed to purchase the equipment or software. Because the standard agreements are too voluminous to attach to the staff report, and may not even apply depending on what specific vendor the City selects, staff will make them available at the hearing if requested to do so. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found that Council Member Steve Castaneda has property holdings within 500 feet of the boundazies of the property which is the subject of this action. Although this could create a conflict for the Council Member, pursuant to California Code of Regulations section 18704.2 no conflict exists. FISCAL IMPACT Approval of these resolutions will not subject the City to any fiscal responsibility as both the purchase price and maintenance agreements are included in the overall purchase. There is no impact to the General Fund. ATTACHMENTS None. Prepared by: Edward Chew, Administrative Services i~/anager, Police Department 4-3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTNG $444,000 FROM THE STATE OF CALIFORNIA E-911 REPLACEMENT FUND FOR POLICE COMMLMCATIONS CENTER TECHNOLOGY IMPROVEMENTS WHEREAS, the Police Communications Center located inside the Chula Vista Police Department is designated as a "Primary Public Safety Answering Point"; and WHEREAS, the Police Dispatch Center receives all wire line and wireless "911" emergency calls from within Chula Vistajurisdictional boundaries; and WHEREAS, the State of California's "E-911 Replacement Fund" provides critical funding to local Primazy Public Safety Answering Points; and WHEREAS, the City of Chula Vista has received notification that a total of $444,000 has been allocated from the E-911 Replacement Fund to fund critical equipment replacement in the Chula Vista Dispatch Center. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept $444,000 from the State of California E-911 Replacement Fund for Police Communications Center technology improvements. Presented by Richard P. Emerson Police Chief Approved as to form by Bart Miesfeld'" Citv Attornev 4-4 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY'S PURCHASING AGENT TO REQUEST THE STATE OF CALIFORNIA TO PURCHASE COMMUNICATIONS RELATED EQUIPMENT AND SOFTWARE FOR ITS POLICE DEPARTMENT USNG TERMS NEGOTIATED BETWEEN THE STATE AND VENDORS ACCOMPLISHED THROUGH THE STATE OF CALIFORNIA'S MASTER PURCHASE AGREEMENT #5-06-58-(11-19) WHEREAS, the Chula Vista Police Department has been allocated $444,000 from the State of California's E-911 Replacement Fund for technology improvements in the Police Communications Center; and WHEREAS, the City will not have to use any of its own fiords to purchase the equipment for technology improvements; and WHEREAS, the selection and purchase of the requested equipment will be administered by the State; and WHEREAS, Chula Vista Municipal Code 2.56.140 and Council Resolution 6132 authorizes the Purchasing Agent to use cooperative bid agreements negotiated by other governmental agencies to purchase equipment; and WHEREAS, in October 2006, the State of California awarded contracts to eight contractors who were responsive to State RFP 54159 requirements for E-911 equipment replacement; and WHEREAS, using the master purchase agreement negotiated by the State of California will ensure the best possible pricing because the City can utilize the purchasing power and collective bargaining capability of the State of California to purchase equipment and software using State fiords. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the Purchasing Manager use the State of California's Master Purchase Agreement #5-06-58-(I1-19) to request the State to purchase police communications related equipment and software. Presented by Approved as to form by F~ GPs Richard .Emerson Police C f ~~ ~~P~y Bart Miesfeld City Attorney 4-5 CITY COUNCIL AGENDA STATEMENT ~\~ CITY OF ~ CHULA VISTA 4/07/09, Item 5 SUBMITTED BY: REYIEWED BY: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING A PORTION OF THE SOUTH SIDE OF BONITA ROAD LYING ADJACENT TO THE PROPERTIES LOCATED AT 36, 42, 50 AND 58 BONITA ROAD EXCESS RIGHT OF WAY, ORDERING THE SlJMMARY V ACATION OF SUCH PORTION, AND DIRECTING THE CITY CLERK TO RECORD ALL DOCUMENTS REQUIRED WITH THE COUNTY RECORDER B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING A PORTION OF CITY- OWNED BONITA ROAD LYING ADJACENT TO THE PROPERTY LOCATED AT 50 BONITA ROAD (APN 570-130-32) AS EXEMPT SURPLUS LAND C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE OFFER TO PURCHASE THE EXCESS PORTION OF CITY- OW'NED BONITA ROAD ADJACENT TO THE PROPERTY LOCATED AT 50 BONITA ROAD (APN 570-130-32) TO THE OYVNER OF THE PROPERTY AT 50 BONITA ROAD Al"lD AUTHORIZING THE EXECUTION OF ALL ~"ECESSARY DOCUNIENTS TO COl'vfPLETE THE TRANSACTI~ DIRECTOR OF PUBLIC WORKS ~ CITY MANAGER ASSISTANT CITY MANAGER ~-;- 4/STHS YOTE: YES 0 NO ~ ITEM TITLE: SUMMARY The owner of property located at 50 Bonita Road has requested to purchase an unused, excess portion of City owned Bonita Road lying between her property and the traveled roadway. This area was left unneeded after the constmction ofthe E Street Extension in 1963. In order to sell this land, Council is required to vacate the existing public access rights and declare the vacated portion as exempt surplus land. 5-1 4/07/09,IteD1~ Page 2 of4 ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a Class 12 categorical exemption pursuant to Section 15312 [Surplus Government Property Sales] of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The portion of Bonita Road is owned in fee by the City and was left unneeded after the construction of the E Street extension in 1963. A map of the area in question is included herein as Attachment 1 for reference. Currently, this land is not landscaped or maintained by the City and is currently generating no property tax revenue because it is City owned. The applicant's intention is to improve this area and use it to augment their existing residential lot. The total area of the right-of-way they wish to purchase is approximately 3,965 square feet. The applicant, at staffs direction, recently had the area in questioned appraised. This appraisal looked at the value of the site from two different approaches. Under the first approach, the appraiser considered the parcel to have no residential or commercial use and thus, a nominal value of $1,000. This approach has been deemed by staff to be inappropriate for this parcel. The appraiser's second approach took into account the parcels contributory value as an addition to the adjacent residential property. This valuation approach is more appropriate and the resulting valuation was $6,400. The applicant subsequently made an offer to the City in the amount of $2,800 based upon the two valuations. This offer was rejected as insufficient. The applicant subsequently offered $4,000 for the land. This is the offer that is being brought forth for Council acceptance. Summary Vacation As stated above, in order to sell this parcel, the City must first vacate the public access rights. Chapter 4, Section 8334(a) of the California Streets and Highways Code states that the legislative body of a local agency may summarily vacate excess right-of-way if it is no longer needed for public street purposes. This area is not needed for right-of-way purposes and staff is requesting that Council vacate it at this time. Pursuant to Section 8346 of the Streets and Highways Code, all potentially affected utilitiy companies have been notified and an Easement for Public Utility Purposes will be reserved across the vacated area as needed. Declaring Exempt Surplus Land Once vacated, the parcel needs to be declared exempt surplus land before it can be sold. In order to declare property as exempt surplus land, a finding must be made that it qualifies. Only exempt surplus land may be offered to the adjacent owner without benefit of a public auction. 5-2 4/07/09, Item~ Page 3 of 4 Per Government Code Section 54221 ( e) (2) "exempt surplus land" is land that is either: A. Less than 5,000 square feet in area; or B. Less than the minimum legal residential building lot size for the existing or most probable zoning classification, or 5,000 square feet in area, whichever is less; or . C. Has no record access and is less than 10,000 square feet in area, is not contiguous to land owned by a state or local agency which is used for park, recreational, open space, or low and moderate income housing purposes and is not located within an enterprise zone pursuant to Section 7073 of the Government Code nor a designated program as defined in Section 7082. The subject parcel falls under Section A and, as such, qualifies as exempt surplus land. Prior to sale, a second consideration is the sale price. The sale of exempt surplus land can only be made to an adjoining landowner. Prior to commencement of negotiations, the City must establish a Pre-Sale Estimate (PSE) of the fair market value of the exempt surplus land. The PSE forms the basis for negotiating the sale of the subject property, and also serves as an internal control to ensure that the City receives an adequate return. The PSE must take into account the following factors: 1. The original purchase price paid by the City for the subject parcel. 2. The date the City acquired the property. 3. Restrictions and requirements of any source that provided procuring funds. 4. Current market conditions that may affect the fair market value of the property. 5. Current, future and potential holding cost incurred by the City that may include, among other things: a. Maintenance b. Nuisance abatement/removal c. Liability risk/cost Exempt surplus land need not be appraised prior to being offered for sale unless a PSE cannot be readily determined. As detailed above, the property was appraised and a copy of the report was submitted to the City for consideration. Because of the uniqueness of this parcel, it was not feasible to accurately determine aPSE. Currently, the property generates no revenue for the City and is not being maintained. It has no economic use other than assemblage. Staff has determined that the applicant's otTer of $4,000 for this parcel falls within an acceptable range of value and represents an adequate return for the City given the constraints that exist. The benefit of this sale is that a non-productive piece of property with potential maintenance and liability issues can be brought back on to the ta.x rolls, improved, landscaped and maintained at no City cost. 5-3 r:: 4/07/09, Item :J Page 4 of 4 A Real Estate Purchase and Sale Agreement has been prepared which details all the terms and conditions of this proposed sale (Attachment 2). Should Council choose to vacate this land, declare it exempt surplus, and accept the Applicant's offer to purchase, this Agreement and a Deed (Attachment 3) would need to be executed to complete the sale. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet ofthe boundaries of the property that is the subject of this action. FISCAL IMPACT Funds received from the sale of this land will benefit the City's General Fund in the amount of $4,000. Staff time costs related to the processing ofthis sale will be bome by the Applicant. A TT ACHMENTS Attachment l: Site Map Attachment 2: Real Estate Purchase and Sale Agreement Attachment 3: Grant Deed Prepared by: Rick Ryals. Real Properry Manager. Engineering Dept. M:\EngineerIAGENDAICAS2009\04-07-09\Bonita excess vac saleREV2.doc 5-4 ATTACHMENT / A~R.IAl EXJUB~T CI TY OF CH _ V ~~~ ~ em c;r a ~ CIll' OF CHULA VISTA I DEPARTMENT OF PUBLIC WORKS 276 FOURTH AVENUE CHULA VISTA, CA 91910 (619) 476-2301 ~VACAT10NAREA JOSE LUIS GOMEZ, P.L.S. 7349 LICENSE EXPIRES 12131/09 DATE ALE NO. JY022-08 J: \Survey\JY022-08\ YACAnON BCNITA-[ SiRET.dwg 2/24/2009 3:20:24 PM PST 5-5 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORlYf BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORlVlALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL , -,1 I '/', J //1 1- C){L{/Lb-l.. Ii Ci.U. ".~, f/--- Bart C. Miesfeld {\it-e City Attorney Dated: / ~ ., -cj / .' 'l "(I '"/1___/(/ -r v ,. . , REAL EST A TE PURCHASE AND SALES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MA YRA CHRISTINA SANCHEZ 5-6 A+luchrra~ 2 REALESTATEPURCHASEN~DSALESAGREENmNT This real estate sales agreement [Agreement] is made by and between the City of Chula Vista, a California municipal corporation [Seller], and Mayra Christina Sanchez, [Purchaser] . 1. Property Description: Seller agrees to sell and convey to Purchaser, and Purchaser agrees to purchase from Seller, pursuant to the terms and conditions contained within this Agreement, the following: See Exhibit "A" attached hereto and by reference made a part hereof. As more particularly shown on a plat designated as Exhibit "B" attached hereto and by reference made a part hereof [the Property]. 2. Effective Date: This Agreement shall be effective on the date which is the later of the 1:\vo dates on which this Agreement is signed by the Seller and the Purchaser [Effective Date1. 3. Purchase Price: The Purchase Price for the fee simple interest in the Property shall be FOUR THOUSN'fD DOLLARS (54,000.00) due within ten (10) day of the effective date ofthis agreement as defined herein. 4. Title: Seller shall convey fee simple title to the Property to Purchaser by Grant Deed in the form attached to this Agreement as Exhibit C [Deed] subject to zoning and building laws and ordinances, easements of record and acts done or suffered by Purchaser or claims made by, through, or under Purchaser. Said deed shall be delivered to Purchaser fully executed and ready for recordation [Delivery]. 5. Title Insurance: If desired, Purchaser may obtain Title insurance for the Property. Purchaser shall pay the standard premium for said Title Insurance. 6. Representations and Warranties: Purchaser ack.nowledges that Purchaser is purchasing the Property on an as-is basis with no representations or warranties of any kind, expressed or implied, either oral or written, made by Seller or any agent or representative of Seller with respect to any stmctural or physical condition ofthe Property, or with respect to the existence or absence of toxic or hazardous materials, substances or wastes in, on, under or affecting the Property. Seller has made and makes no warranty or representation regarding the fitness of the Property, or any portion ofthe Property, for any particular purpose, quality or merchantability. To the best of its actual knowledge, without any duty of inquiry or investigation, Seller shall disclose to Purchaser any findings of the Property and its operations. Seller is not liable or bound in any manner by any warranties, either expressed or implied, guarantees, promises, statements, representations or information pertaining to the Property made Page I of6 5-7 or furnished by any real estate agent, broker, employee, servant or other person representing or purporting to represent Seller. 7. Indemnity: Purchaser hereby releases and agrees to protect, defend, hold harmless and indemnify Seller from and against all demands, claims, injury, liability, loss, damage, cost and expense, however same may be caused, including all costs and reasonable attorney's fees in providing the defense to any claim arising there from,- for any loss of, or damage to property (real and/or personal), for. personal injury to or death of any person or persons arising out of or occurring by reason of, or any way connected with the purchase or use of the Property. 8. Environmental Indemnity: Purchaser shall indemnify, protect, defend and hold the Seller and its elected officials, respective officers, employees, contractors and agents [IndemnifIed Parties] harmless from and against any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements, or expenses (including, without limitation, attorneys' and experts' fees and disbursements) of any kind or of any nature whatsoever [Obligations] which may at any time be imposed upon, incurred by or asserted or awarded against the Seller, effective upon Delivery, as to the Property or any portions of the Property, arising from or out of: the existence, release, presence or disposal on, in, under, about or adjacent of any hazardous materials, hazardous substances, hazardous waste or toxic substances, as defined in all applicable local, state and federal laws and regulations [Hazardous Materials]. (a) Purchaser shall comply with any and all laws, regulations, and/or orders which may be promulgated with respect to the discharge and/or removal of any Hazardous Materials, to payor cause other parties to pay immediately when due the costs of the removal of, or any other action required by law with respect to, any Hazardous Materials, and to keep or cause other parties to keep the Property free of any lien imposed pursuant to any laws, regulations or orders. (b) While Purchaser is the owner of the Property, Purchaser will not use the Property or allow the Property to be used for any activities involving, directly or indirectly, the use, generation, treatment, storage, release or disposal of any Hazardous Materials, except in accordance with law. (c) Purchaser shall not install or permit to be installed on the Property friable asbestos or lead-based paint or any substance containing asbestos or lead-based paint and deemed hazardous by federal or state regulations. Purchaser shall be responsible at its expense for compliance with all applicable governmental requirements in the removal of any asbestos and lead-based paint, to the extent that these costs are not paid by the Federal Government. Purchaser agrees to and shall defend, indemnify and hold harmless Seller and its elected officials, officers, employees, contractors and agents from and against all claims, liability, loss, damage, costs or expenses (including reasonable attorney fees and court costs) arising from or as a result of Purchaser's removal or remediation of any asbestos or lead-based paint from the Property, or Purchaser's failure to remove or remediate any asbestos or lead-based paint from the Property. Page 2 of6 5-8 (d) Notwithstanding the payment and performance in full of all of the Obligations, this Indemnity shall not terminate to the extent an environmental claim arises from or relates to any of the following contingencies or events: (i) the Seller has at any time or in any manner participated in the management or control of, taken possession of (whether personally, by agent or by appointment of a receiver), or taken title to the Property or any portion of the Property; (ii) there has been a change, between the date of this Agreement and the date on which all of the Obligations are paid and performed in full, in any Hazardous Materials laws, the effect of which may be to make a lender or mortgagee liable in respect to any of the Obligations, notwithstanding the fact that no event, circumstance, or condition of the nature described in paragraph (i) above ever occurred. (e) This Indemnity shall be binding upon Purchaser, and its successors and assigns, and inure, together with all rights and remedies of Seller pursuant to this Agreement, to the benefit of Seller, its respective elected officials, officers, employees, and agents and any successor to Seller's powers and interests in the Property. None of the rights or obligations of Purchaser pursuant to this Agreement may be assigned or otherwise transferred without the prior written consent of Seller. 9. Release: Effective from and after the Delivery, Purchaser waives, releases, acquits, and forever discharges Seller, its respective elected officials, officers, employees, and agents to the maximum extent permitted by law, of and from any and all claims, actions, causes of action, demands, rights, liabilities, damages, losses, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, that it now has or that may arise in the future because of or in any way growing out of or connected with this Agreement and the Property (including without limitation the condition of the Property), except matters arising from Seller's fraud or intentional misrepresentation. BUYER EXPRESSLY WANES ITS RIGHTS GRANTED UNDER CALIFORJ."1'IA CNIL CODE SECTION 1542 AND ANy OTHER PROVISION OF LA W THAT PROVIDES A GENERAL RELEASE DOES NOT EXTEND TO CLAINIS THAT BuyER DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TINIE OF EXECUTING THE RELEASE, WHICH IF KL"1'OWN BY IT MUST HAVE MATERIALL Y .i\FFECTED ITS AGREEMENT TO RELEASE SELLER. Seller's Initials: Buyer's Initials: 10. Real Estate Commission: Purchaser and Seller represent, warrant and agree that no real estate commissions, finder's fees or broker's fees have been or will be incurred in connection with the sale of the Property. The rights and obligations of Purchaser and Seller pursuant to this section shall survive the Delivery or termination ofthis Agreement. 11. Default and Remedies: (a) Seller's Default - Purchaser's Remedies: In the event that Seller defaults on its obligations under this Agreement, Purchaser may, at its sole option and as its Page3of6 5-9 exclusive remedies for such default either (i) terminate this Agreement by written notice to Seller and the Title Company, or (ii) if Seller's default results from its failure to transfer possession and title to the Property to Purchaser at Delivery, enforce specific performance. (b) Purchaser's Default - Seller's Remedies: In the event Purchaser defaults on its obligations under this Agreement, Seller may, as Seller's sole and exclusive remedy for such default, terminate this Agreement by written notice delivered to Purchaser. 12. Limited Liability: Any obligations or liabilities of Seller arising by virtue of this Agreement shall be limited to the Property and resort shall not be had to any other assets of Seller. 13. Time of Essence: Time is of the essence to both Seller and Purchaser in the performance of this Agreement, and they agree that strict compliance by both parties is required as to any date set out herein. 14. Notices: All notices, waivers, demands, requests or other communications required or permitted by this Agreement shall, unless otherwise expressly provided, be in writing and be deemed to have been properly given, served and received (a) if delivered by messenger, when delivered; (b) if mailed, on the third (3rd) business day after deposit in the United States mail, certified or registered, postage prepaid, return receipt requested; (c) telexed, telegraphed or telecopied, six hours after being dispatched if such sixth hour falls on a business day within the hours of 8:00 a.m. through 6:00 p.m. ofthe time in effect at the place of receipt, or at 8:00 a.m. on the next business day thereafter if such sixth hour is later than 6:00 p.m. or (d) if delivered by reputable overnight express courier, freight prepaid, the next business day after delivery to such courier, in every case addressed to the parties to be notified as follows: Richard A. Ryals Real Property Manager City of Chula Vista 276 Fourth Avenue, MS E-I00 Chula Vista, CA 91910 Mayra Christina Sanchez 50 Bonita Road Chula Vista, CA 91910 With a copy to: David Miller Deputy City Attorney City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Page4of6 5-10 15. Interpretation: This Agreement shall be governed by the laws of the state of California. The section headings are for convenience only and are in no way intended to interpret, define or limit the scope or content of this Agreement. If any party is made up of more than one person or entity, then all are identified in the singular in this Agreement. If any right of approval or consent by a party is provided for in this Agreement, the party shall exercise the right promptly, in good faith and reasonably, unless this Agreement expressly gives such party the right to use its sole discretion. The term Business Day shall mean Monday through Friday excluding holidays recognized by the state of California. 16. Entire Agreement: This Agreement represents the entire agreement between the parties for the purchase of the Property and supersedes all prior negotiations, representations or agreements, either oral or written. 17. Amendments or Changes to the Agreement: The terrris and provisions of this Agreement shall only be amended or changes pursuant to a written instrument signed by both the Seller and the Purchaser. 18. Authority to Contract: Each signatory to this Agreement represents .and warrants that it has the authority to enter into this Agreement and that this Agreement shall be binding upon and inure to each party, their officers, directors, trustees and representatives upon ratification andlor approval by their respective governing bodies. 19. Successors and Assigns: The provisions ofthis Agreement shall bind the successors and assigns of the parties, except for a bona fide purchaser for value, not affiliated in any way with the Purchaser. 20. Assignment: This Agreement may not be assigned whole.or in part by Purchaser without the prior written consent of Seller. 21. Attorney Fees: In the event of any action or proceeding to enforce a term or condition of this Agreement, any alleged disputes, breaches, defaults, or misrepresentations in connection with any provision ofthis Agreement or any action or proceeding in any way arising tram this Agreement, the prevailing party in such action, shall be entitled to recover its reasonable costs and expenses, including without limitation reasonable attorney fees and costs of defense paid or incurred in good faith. The "prevailing party" for the purposes of this Agreement, is that party who obtains substantially the result sought, whether by settlement, dismissal, or judgment. 22. City Council Approval Required: Purchaser understands and agrees that this Agreement must be reviewed and considered at a hearing before the City Council. Purchaser also understands that pri.or to the executi.on ofthis Agreement by Seller, the City Council must approve the vacation of public access rights across the Property pursuant to the California Streets and Highways Code and must determine and declare the Property as exempt surplus land as Page 5 of 6 5-11 provided for in California Government Code. The City Council has the discretion to approve or disapprove the vacation, the surplus land finding and/or this Agreement or any sections thereof. This Agreement is executed by the Seller, pursuant to City Council Resolution No. , and by Purchaser, acting by and through its lawfully authorized officer. SELLER: THE CITY OF CHULA VISTA Date: By Date: By PURCHASER: Date: Mayra Christina Sanchez APPROVED as to form and legality this _ day of ,2009. Bart Miesfeld, City Attorney By Exhibit A: Legal description of the Property Exhibit B: Plat Map of the Property Exhibit C: Form of Grant Deed Page 6 of6 5-12 EXHIBI1' nAn CITY OF CHUlA VISTA APN 570-130-32 50 BONITA ROAD THE VACATION OF A PART OF EXISITNG RIGHT OF WAY OF BONITA ROAD, DESCRIBED IN GRANT DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 24, 1956 IN BOOK 5990, PAGE 41 OF OFFICIAL RECORDS AND EASEMENT TO THE COUNTY OF SAN DIEGO RECORDED DECEMBER 13, 1963 AS FILE NO. 222076 OF OFFICIAL RECORDS AS DEPICTED IN MAP 12832 CHULA VISTA TRACT 90-03 FILE 91-298599, MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT: I I I I I BEGINNING AT THE NORTHWESTERLY CORNER OF LOT AS DESCRIBED IN INTERSPOUSAL GRANT DEED RECORDED IN THE COUNTY OF SAN DIEGO, FEBRUARY 20, 2007 AS FILE NO. 0112043 OFFICIAL RECORDS, THENCE ALONG THE SOUTHERLY RIGHT OF WAY PER SAID GRANT DEED ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 670.00 FEET, THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 82.80 FEET, THENCE ALONG THE PROLONGATION OF EASTERLY BOUNDARY OF SAID LOT NORTH 17044'40"WEST 19.21 FEET TO A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1050.00 FEU, A RADIAL LINE TO SAID CURVE BEARS SOUTH 12041'10" WEST, THENCE NORHTWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 98.54, THENCE SOUTH 17044'4iJ" S~ST 66.66 FEET TO THE POINT OF BEGINNING. CONTAINING 0.08 ACRES, MORE OR LESS. RESERVING AN EXISTING AND FUTURE PUBLIC UTILITY AND DRAINAGE EASEMENT OVER THE ENTIRE VACATION. II ~~Jt,: CITY OF CHULA V;ST~ ~ DE?ARTMENT OF PUBLIC WORKS , ~ 276 FOURTH AV"NUE i .1 ClYOF CHU,-,^VISTA,CA91910 I Ii CHUIA ~(619)476.2301 J 3/~b;;O" '1 JQSEJ!LIIS GOMEZ, P.L . 349 DATE L1CEfj:E EXPIRES 12/31/09 FiLE NO JYQ22-Q (j5~1Y3~{,(~22-08\ VA ('I, (fON ::0 80MiLi POAD dwg 03/04/2009 J: 20: 24 PM PST NO. LI L2 LJ DA TA TABL[ B[ARING L[NGTH NI1'44'40"W 19.21' 517'44 '40"[ 66,66' NI 1'26 'OJ"W 2J.7J' EXHIBIT "B~' CI TY OF CHULA ~-/ ~ <f " VISTA N 1 T51J'51"W IJ4,54' NI7"J8'51"W CURl![ DA TA TABL[ RADIUS DeL TA L[NGTH CI, R: 20.00' D= 85'JJ'16" L= 29.85' C2, R= 1050' D= 01"11'24" L= 21,8/' ~ ~ ~~ ~ <:'vO /':( <:Ji" o ,~~! S' ^ %--..<'- o/,l".~ '" /~ <...~-! (<'~/" .,. /~ & ^"~ //- ~ -y MAP NO, 12382 ~O :-y () POR NW 1/4 QTR SEe 111 MAP 166 NIT44'40"W 145.1 r' POR NW 1/4 QTR SEe 111 0- ""' '" OJ ,.. "- ""' .., 'fl "- '" N MAP 166 n L[) <f1 8.::0 ci~~ i-'~~~POR NW 1/4 QTR SEe 111 lQ 0::: n-.. g!'< eo 2 ~ MAP 166 ~ ~ ,.. "- '" OJ 'fl "- '" ci Z Q. <( ::; n NI T2S'OJ"W 120.00' J2.00' RADIAL B[ARING DA TA TABL[ RBI =50977'08"W RB2 = 512'41'10"W RBJ = 518'OJ'48"W RB4 = 544"16'25"[ .'" .. ,"< " '" " <;j- R.O.S, 1884 BASIS OF SWINe C!NTERUN[ BONITA ROAl) PfR P.M. 12832. o 50.00' CRANT DE:E:D PE:R BOOK 5990 PACE: 41 RE:CQRDE:O 2/24/'955 03/04/2009 J; 20: 24 PM PST ~Vt- ~ an' OF ViSTA CITY OF CHULA VISTA DEPARTMENT OF PUBLIC WORKS 276 FOURTH AVENUE CHULA VISTA, CA 91910 (619) 476-2301 A-tkuh~ :3 Recording requested by and please return to: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 (this spacefor Recorder's use, only) Assessor's Parcel Number: nJa Chula Vista CIP File No: RP-OOl GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Chula Vista, as municipal Corporation hereby grants to the Mayra Sanchez, that certain real property located in the City of Chula Vista, County of San Diego, State of California, more particularly described as follows: See Legal Description Designated as Exhibit "A" attached hereto and by reference made a part hereof. As more particularly shown on a Map designated as Exhibit "B" attached hereto and by reference made a part hereof. Reserving therefrom an easement for all existing and future utilities across said real property. Signed this day of , 2009 . CITY OFCHULA VISTA Cheryl Cox, Mayor (Notary Acknowledgment required for each signatory.) 5~15 EXHIBIT "An CITY OF CHULA VISTA APN 570-130-32 50 BONITA ROAD THE VACATION OF A PART OF EXISITNG RIGHT OF WAY OF BONITA ROAD, DESCRIBED IN GRANT DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 24, 1956 IN BOOK 5990, PAGE 41 OF OFFICIAL RECORDS AND EASEMENT TO THE COUNTY OF SAN DIEGO RECORDED DECEMBER 13, 1963 AS FILE NO. 222076 OF OFFICIAL RECORDS AS DEPICTED IN IV1AP 12832 CHULA VISTA TRACT 90-03 FILE 91-298S99, MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT "8" ATTACHED HERETO AND MADE A PART OF THIS DCCUIV1ENT: BEGINNING AT THE NORTHvVESTERLY CORNER OF LOT AS DESCRIBED IN INTERSPOUSAL GRANT DEED RECORDED IN THE COUNTY OF SAN DIEGO, FEBRUARY 20, 2007 AS FILE NO. 0112043 QFFICIAL RECORDS, THENCE ALONG THE SOUTHERLY RIGHT OF WAY PER SAID GRANT DEED ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 670.00 FEET, THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 82.80 FEET, THENCE ALONG THE PROLONGATION OF EASTERLY BOUNDARY OF SAID LOT NORTH 17044'40"WEST 19.21 FEET TO A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 105G.00 FEEf, A Rl\DIAL LINE TO SAID CURVE 8EARS SOUTH 12041'W' WEST, THENCE NORHTWESTERl Y ALONG SAID CURVE AN ARC LENGTH OF 98.54, THENCE SOUTH 17044'40" EAST 66.66 FEET TO THE POINT OF BEGINNING. CONTAINING 0.08 ACRES, MORE OR LESS. RESERVING AN EXISTING AND FUTURE PUBLIC UTILITY AND DRAINAGE EASEMENT OVER THE ENTIRE VACATION, --- ---~ ~,~ CITY OF CHUUl. ViSTA _ DEPARTMENT OF PUBLIC WORKS 276 FOURTH AVENUE ' a1YOf CHULA VISTA. CIl 91910 I ~~IA V1:St\ (619) 476-2301 J .3h6hcc 7 JOSE~I IS GOMEZ, PL. 349 DATE L1CEr1::- EXPIRES 12!3i109 FIL[ NO JY022-0c ,/'/ Sun,e'l\J'r'J22-08\VAC;'{IO:/ .-::') SONiTi, R~)Ai'dwg 03/04/2Q09 ~20:24 PM PST / 5-16 EXHIBIT liB" CITY OF CHULA ~-/ / ~ .i' . "I NO. LI L2 LJ DA TA TABLE BEARING LENGTH NI7"44'40."W 19.21' 517"44'40."E 66,66' NIT26'o.J"W 23.7J' CURVE: DA TA TABLE RADIUS DELTA LENGTH 'CI, R= 20.,0.0.' D= 8S'JJ'16" L= 2986' C2, R= 10.50.' D= 0.171'24" L= 21.81' ~) ~ ~'(- ~ Q)(j /) &' " <.. 0/.-- ,s.~~ V~ y~~;~" <:~~I ,'" 10')' .0....;..,5) ,'<v <:; Q ~':'r ~ O~'sr:o<"__ :\.(f- 'i C:J l' MAP I\JO. 12382 -110 :.y" C) "g .:0 ~~~ ~-- I"'" 110'. <.Q 0: ~ ... ~."- 0 ;; ~ ~ ~ RADIAL BEARING DA TA TABLE RBI =50.9'27'0.8"W RB2 = 512'41'10."W RBJ = 518'o.J'48"W RB4 = 544'76'26"E i' ~ .~ o i:: ~ BASIS QF BEARINC CENTERlfNf: SONITA ROAD PER P.M. /28J2. o 60.00' QRANf OE:m PE:R SOOK 5990 PAC, " RE:CORDI:D Z/Z4/1956 VISTA NIT58'5,''W IJ4.54' NITJ8'51'N POR NW 1/4 aTR SEe 111 MAP 166 NIT44'4o.''W 145.1'" POR NW 1/4 aTR SEC 111 N 1 T44 '4o.'W '0' 85.58' '" '" '" MAP 166 NIT444o.'l/ 1 1.4 POR NW 1/'" aTR SEC 111 MAP 166 N 1 T26'OJ'W 120..0.0.' J2.o.o.' R.O.S, 1884 N ~ ,....., ti1 ti1 i-'" "- '" '" 'fl ci z a.. <( ::;; ,", <: r<l '<t ~Vt.- ~ C1'l' OF ViStA. CITY OF CHULA VISTA DEPARTMENT OF PUBLIC WORKS 276 FOURTH AVENUE CHULA VISTA, CA 91910 (619) 476-2301 ?:Iz~A- "'.,;;r- , DAiE FiL[ NO. JY022-08 -08\'IACAno.N 50 BON/fA ROAO.dwg OJ/04/2009 1:20:24 PM PSf RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING A PORTION OF THE SOUTH SIDE OF BONITA ROAD LYING ADJACENT TO THE PROPERTIES LOCATED AT 36, 42, 50 AND 58 BONITA ROAD EXCESS RIGHT OF WAY, ORDERING THE SUM:tv1ARY VACATION OF SUCH PORTION, AND . DIRECTING THE CITY CLERK TO RECORD ALL DOCUMENTS REQUIRED WITH THE COUNTY RECORDER WHEREAS, the City of Chula Vista is the fee owner of that certain real property more particularly described as Bonita Road, located at East Flower Street, in the City of Chula Vista, County of San Diego, State of California; and WHEREAS, a portion of said Bonita Road, adjacent to the property located at 36, 42, 50 and 58 Bonita Road is currently unused and not independently developable, said Property being more particularly described in a Legal Description designated as Exhibit "A" and depicted on a Plat designated as Exhibit "B", both attached hereto; and WHEREAS, said Property IS not needed for the right-of-way for Bonita Road, the City has no further use of this remainder parcel and has received an offer to purchase a portion of said Property from one of the owners of the adjacent property to the south; and WHEREAS, Chapter 4, Section 8334(a) of the California Streets and Highways Code states that the legislative body of a local agency may summarily vacate excess right-of-way if it is no longer needed for public street purposes; and, WHEREAS, in order to vacate, Council must adopt a resolution ordering the summary vacation of the subject portion of the aforementioned excess right-of-way. NOW, THEREFORE. BE IT RESOLVED tllat after considering the evidence submitted, the City Council fmds that the subject portion of Bonita Road, as more particularly described in a legal description designated as Exhibit "A" attached hereto and by reference made a part hereof, and more particularly shoWn on a map thereof designated as Exhibit "B" attached hereto and by reference made a part hereof is declared excess right-of-way and is unnecessary for present or prospective public use; and BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby order the summary vacation of the subject portion of Bonita Road as described in said Exhibit "A"; and 5-18 Resolution No. Page 2 BE IT HJRTHER RESOLVED that the City Clerk is hereby directed to cause a certified copy of the resolution of vacation, attested by the clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement, or further proof in the office of the recorder of the county in which the property is located. Upon such recordation, the vacation shall be complete. Presented by Richard A. Hopkins Director of Engineering 5-19 EXHIBIT "A" STREET VACATION CITY OF CHULA VISTA APN 570-130-08 36 BONITA ROAD THE VAO\TION OF A PART OF EXISITNG RIGHT OF WAY OF BONITA ROAD, DESCRIBED IN GRANT DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 24, 1956 IN BOOK 5990, PAGE 41 OF OFFICIAL RECORDS AND EASEMENT TO THE COUNTY OF SAN DIEGO RECORDED DECEMBER 13, 1963 AS FILE NO. 222076 OF OFFICIAL RECORDS AS DEPICTED IN MAP 12832 CHULA VISTA TRACT 90-03 FILE 91-298599, MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT: BEGINNING AT THE NORTHWESTERLY CORNER OF THE MOST EASTERLY LOT OF RECORD OF SURVEY 1884 RECORDED IN THE COUNTY OF SAN DIEGO, JULY 9,1948 AS FILE NO. 69078 OFFICIAL RECORDS BEING THE NORTHWESTERLY CORNER OF A PORTION OF THE NORTHWEST QUARTER SECTION 111 AS DESCRIBED IN GRANT DEED FILED IN THE COUNTY OF SAN DIEGO DECEMBER 3,1986 AS FILE NO. 557834 OF OFFICIAL RECORDS, THENCE ALONG THE SOUTHERLY RIGHT OF WAY PER SAID GRANT DEED NORTH 72001'26" EAST 100.00 FEt I, THENCE ALONG THE PROLONGATION OF THE EASTERLY BOUNDARY OF SAID . PORTION NORTH 17026'03" WEST 2.3.73 FEET TO A NON-TANGENT CURVE CONO\VE NORTHWESTERLY HAVING A RADIUS OF 2.30.00 FEET, A RADIAL UNE TO SAID CURVE BEARS NORTH 44016'26" WEST, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL .A.NGLE OF 25052.'56" AN ARC LENGTH OF 103.90 FEET TO THE POINT OF BEGINNING. CONTAINING 786 SQUARE FEET. MORE OR LESS. RESERVING AN EXISTING AND FUTURE PUBUC UTIUTY AND DRAINAGE EASEMENT OVER THE ENTIRE VACATION ...:Ml" CITY OF CHULA VISTA :::::3 ~ DEPARTMENT OF PUSUC WORKS ~ 276 FOURTH AVENUE - CHUL~ VISTA, CA 91910 rnOlA ~(619) 476-2301 f Or DATE FIL[ NO. JY-022 .t \Sur~y\Jr022-05\ Var;!Jlic:t J$ &cni/a Rood.d"'g JIO-!/"}Q09 J:2D: 24 PM PST 5-20 110. LI L2 LJ OA TA TA8L[ SfARIIIG NTT44'4QwW 1111"44 '40"W 1117"26'OJ'W, CITY L~~./ 19.21' ~ 65.66' '~ 2).7)' o?o':' A.j> .'fe:>' tf~'./I EXHIBIT "Bn OF CHULA VISTA NI7"J8'5 I '\\I lJ4,54 ' NliJa'SI~W POR NW 1/4 OTR SEC 111 CURVE: DA TA TABL[ RADIUS OEL iA L[IIGTH CI. R~ 20.00' O~ 8S'J)'16" L= 29.a6' C2, R= /050' 0= 01'11'24" L= 21.81~ a'X: ~ ~~ ~ Q:;G MAP 166 Nf744'40'W 145.1" ,..<) oi' "0 #;:.." S'>. ~-<' ,t:o'..,,' / -?<,:; <..-?",! ('/-.j., & 'o";.~ /' -\.~-<'% ,''V <0 \YO -/'~r Q;-~ ~ <'~~ t} ~ MAP NO. 12382 -1J0 "'7.:' (:) o ,., ~ o r....o 0", '" 0", . , o~ o C .... '" " '" POR NW 1/4 OTR SEC 111 ;, '" '" '" MAP \66 ..., ;.., ,., '" '" .... " N \") 2.:0 o~~. 1'"" ~__':! POR ~ I.LI 11011 g!'f C::.]'~ ..; Q 0 ;:~ " 1117"44'40'\\1 15l.47' ~ .... '"' '" ,..., '" '" NW 1/4 OTR SEC 111 '" ;.., '" .., ~ .... " ci ?: Q. <t ::a MAP 166 n NlnS'OJ"W 120.00' J2.00' RAOIAL afARIIIG OA iA TA8l[ RBI = S0977'oa'w R82 = SI2'4J'10'W R8J = sla'0)'48'W R84 .:::; S44'1S'26-r c '" c '" .... R.O.S. 1884 f" .... ,., '" ~ .... " 'a ~rPOB, / 120.00' -30.00-1 NI nS'OJ'W ~l~ ~ 0lY Of' VlSTA CllY OF CHULA VISTA DEPARTMENT OF PUBLIC WORKS 27S FOURTH AVENUE CHULA VISTA,CA 91910 (619) 476-2301 ,Pd ." ........ aAS1S 0; so.mnc C!N1!F.UHC. .2O-"il'TA RQ.I.D P(R P.U. 126J2. @ 50,00' CPJ.NT C~ i'rR SOCK' 5990 p-'Gr ~ t RfCORDeD 11H/1956 rz:z:3 ,stRrr; YACAnCi"/.AR!'A JoS LUIS GOMEZ, p.L.s/7A49 ttENSE EXPIRES 1213~~ DATE FILE NO. JY022-0a .J: \Sur~y\.lrQ22-0B\'I;\CA[]ON J5 aOt/IT":' ROAO.a..g 2/;4/2009 ~.20:2J PM pst 5-21 EXHIBIT "An STREET VACATION.' CITY OF CHULA VISTA APN 570-130-31 42 BONITA ROAD THE V!l,CATION OF A PART OF EXISITNG RiGHT OF WAY OF BONITA ROAD, DESCRIBED IN GRANT DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 24, 1956 IN BOOK 5990, PAGE 41 OF OFFICIAL RECORDS AND EASEMENT TO THE COUNTY OF SAN DIEGO RECORDED DECEi"lBER 13, 1963 AS FILE NO. 222076 OF OFFIOAL RECORDS AS DEPICTED IN MAP 12832 CHULA VISTA TRACT 90-03 FILE 91-298599. MORE PARTICULARLY DESCRlBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OFTHIS DOCUMENT: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT CONVEYED IN GRANT DEED RECORDED IN THE COUNTY OF SAN DIEGO, FEBRUARY 2, 1996 AS FILE NO, 0052378 OFFICIAL RECORDS, THENCE ALONG THE SOUTHERLY RlGHT OF WAY PER SAID GRANT DEED NORTH ]2001'26" EAST 101.00 FEET, TO THE BEGINNING OF ,A, CURVE, CONCAVE SOUTHERLY HAVING A RADIUS OF 670.00 FEET, THENCE NORHTEA,STERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 01008'44"AN ARC LENGTH OF 13.40 FEET, THENCE ALONG THE PROLONGATION OF THE EASTERLY BOUNDARY NORTH 17044'40" WEST 66.66 FEET TO A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1050.00 FEET, A RADIAL UNE TO SAID CURVE BEARS SOUTH 18003'48" WEST, THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01011'24" AN ARC LENGTH OF 21.81 FEET TO A REVERSE CURVE, CONCA,VE SOUTHE.A.STERLY HAVING A RADIUS OF 20 FEET, THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 29.86 FEET TO A REVERSE CURVE, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 230.00 FEET, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22001'38" AN ARC LENGTH OF 88.42 FEET, THENCE SOUTH 17026'03" EA,ST 23.73 FEET TO THE POINT OF . . BEGINNING. CONTAINING 0.16 ACRES. MORE OR LESS. RESERVING..A,N EXISTING AND FUTURE PUBUC UTILITY AND DRAINAGE EASEMENT OVER THE ENTIRE VACATION .s,!ft.. CITY OF CHULA VISTA . ~ DEPARTMENT OF PUBLIC WORKS 276 FOURTH A VEI,UE art Ol' CHUL; VIST.A. CA 91910 CHUlA ViSU\ (619) "75-2301 Q~4 JO;3E tillS GOMEZ. PM- 7349 UCOOE EXPIRES 12131/09 3:/i/D c:; DATE FiLE NO. JY022-00 J; \Sut~y\Jro22-08\ v,J.CAT1QN 42 BOW;.!. ROAD.dp'9 OJ/04/2009 J: 2D:]4 PM PST 5-22 OAlA TABL[ ~' afARING LfNGTH ," NI7"40'40"W 19.21' ~ N/7'4.4'40"W 55.55' :,:' 51 n5'oYE 23,7J' ;; EXHIBIT nB" CITY OF CHUL VISTA MAP 166 NO. LI L2 U Nlna'SI'" U4.54 , Nlna'51'" CURVE: DA rA TABLE RAOlUS OfLTA LENe TH CI, R: 20.00' 0: 85'JJ'15" L: 29,55' C2, R= 1050' 0: Oli ,'24" L= 21,81' ~ G ~ ~'V: ~ OJO paR NW 1/4 QTR SEC 111 N I 7"44 '40,. 145. I r' /) J..' "0 ,#',' f"\ U. .';.,' \.J~ -YC~O~~ <:-C/'-i' ..,- .a '\ '>. ,,~ {j '\((!- V/?- o -y' MAP NO. 12382 " .'" Q .... 00 .0 "", 0" ~j '" , " POR NW 1/4 QTR SEC 111 '" '" ,,; '" MAP 166 ('oj paR NW 1/4 QTR SEC 1\1 l" "- '" '" " "- " ,..., '" '" ci :<: NI7"44'40'" ISJ.a' " a. q; ::;; MI',P 166 ,.., -1Jo '-9' () N r r2fj.OJ....V 120.00' J2.00' RADIAL Ei[ARING OA rA rAEiLc RBI : 509'27'Oa"IV RB2 = 512'4i'10"" RB3 = 518'03'48"" R84 : 54475'25"W <l' R,O.S. 1684 -30.00- CITY OF CHUlA VISTA DEPARTMENT OF PUBLIC WORKS 275 FOURTH AVENUE CHUlA VISTA. CA 91910 (619) 476-23Dl SASI3 or eF.ARfr:c CErm;Rt.rffr aCNlfa. ,;~ peEr ~.-.J. 121111. o 50.00' CRAHl arm peR sao/( 599a PAC! H RCCCROUJ 2/2~/J95o ~ S~([r VACAn~ AROo ~l!t-- ~ CItY Of VlSIA 3/7/07 , . DATE FILE: NO. JY022-08 }-08\v),onON -<280NtiJ. ROAO.a'IP9 03/04/100.9 J:20:2-f p~ PST 5-23 EXHIBIT "An STREET VACATION CITY OF CHULA VISTA APN 570-130-32 50 BONITA ROAD THE VACATION OF A PART OF EXISITNGRIGHT OF WAY OF BONITA ROAD, DESCRIBED IN GRANT DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 24, 1956 IN BOOK 5990, PAGE 41 OF OFFIOAL RECORDS AND EAScl"1ENT TO THE COUNTY OF SAN DIEGO RECORDED ,DECEMBER 13, 1963 AS FILE NO. 222076 OF OFFICIAL RECORDS AS DEPICTED IN MAP 12832 CHULA VISTA TRACT 90-03 FILE 91-298599, MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT AS DESCRIBED IN INTERSPOUSAL GRANT DEED RECORDED IN THE COUNTY OF SAN DIEGO, FEBRUARY 20, 2007 AS FILE NO. 0112043 OFFICIAL RECORDS, THENCE ALONG THE SOUTHERLY RIGHT OF WAY PER SAID GRANT DEED ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 670.00 FEET, THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 82.80 FEET, THENCE ALONG THE PROLONGATION OF EASTERLY BOUNDARY OF SAID LOT NORTH 17044'40"WEST ' 19.21 FEET TO A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING ,6.. RADIUS OF 1050.00 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 12.041'10" WEST, THENCE NORHTWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 98.54, THENCE SOUTH 17044'40" EAST 66.66 FEET TO THE POINT OF BEGINNING. CONTAINING 0.08 ACRES, MORE OR LESS. RESERVING AN EXISTING AND FUTURE PUBLIC UTILITY AND DRAINAGE EASEMENT OVER THE ENTIRE VAC.A.TION. , ~~ft.. CITY OF CHULA VISTA ~ OEPARTMENT OF PUBLIC WORKS , 276 FOURTH AVENUE arr Of CHUL~ VISTA. CA 91910 OiUlA YJSli\ (619) 476-23Q1 ~4/ JOSMUIS GOMEZ, P(:) .S. 7349 Ui6"SE EXPIRES 12131109 3h~7 , ' DATE FiLE NO. JY022-0c J:\SlJn-:=y\J'f'022-08\VAC.AilCN SO 5CN1JA ROAD.dwg OJ/Ool/20D'] J;20:2~ PV PSi 5-24 NO. LI L2 LJ VA TA TABLE BEARING LENG TH NI1"4"40"W 19.21' SI1"44'40"E 56.66' NI125'O;"W 2J.1J' EXHIBIT "B" CITY ~FCHUL7 ~./ ~ ~ VISTA NI 7'58'5 1"W IJ4.54' Nln8'S1W 22J.62' CURve: DATA TABLE RADIUS OEL TA LENGftI C/. R= 20.00' 0= 85'JJ'15" L= 29.85' C2. R= 1050' V= 0I'l/'24" L= 21.81' ~ ~ ~"t ~ Q)G fi) d\' <"0 ..tl"..,'" t/~ ...~~ S).. "Y'-<:,-".'~' . / -"R '-/(J.-! (<"~ /-~.o ..,. -,.. /' (:\- ;:., ..."" ,''V ~V vQ '.r-:d'r"C'~ :\-((- ~/' ... o -y' MAP NO. 12382 ~O '")70 POR NW 1/4 aiR SEe 111 MAP 166 Nrr44"40-W r45.I1' NJ7'4440 NP"H'40"W 0, 85.58' '" '" '" '"' ~ .", N '" '" ;:: " ~ '" " - <f1 <f1 f- a "- '" z '" ;n "- ~ << " ::; POR NW 1/4 aTR SEe 111 fAAP 166 8.';'0 0'" ...~-i ~-- """ 10. . '<l' c::.... 8 -:: Q ~ 0 o ;.. - ~ POR NW 1/4 aiR SEe 111 MAP 166 "l NI7"25'OJ-W 120.00' J2.00' RAOfAL 8[ARING DA iA rABl.E R81 =S09'27'08'W R82 " S/Z'41'10'W RBJ = SI8TJJ'48'W R84 = 541'16'25"[ .. ~ ~ " ~ .". R.O.S. 1684 '0 " ~ . " 1-3o.aD- ~Ift.. ~ 01Y Of' V1SI'A crN OF CHULA VISTA DEPARTMENT OF PUBLIC WORKS 276 FOURTH AV=NUE CHULA '1ISTA. CA 91910 /6191476-2301 BAStS OF e~l}jC CcHTt.Rl/Nt eONlfA ~CAD PfH P,1J. /28J2. o 50.00' Gi?A'Ii arm P[Jl aCOK S9!iO P,I,GE H RECOitD!:!) 1/2{/I'3.S;: rm STRuT .....-tc.llnc.v MOo JOSE ~G(S GOMEZ, P.L.S. 7p;} L1CEiI!zE EXPIRES 12/31/OEt' 3/9: 0 0 / DATE FILE NO. JY022-08 J: \Sllr~,\JY022-0S\ l'AC.J.1JON 50 SQN11A ROAD.d-"'9 OJ/{J.r/1009 J:20: 24 PM PST 5-25 EXHIBIT "An STREET VACATION CITY OF CHULA VISTA APN 570-130-49 58 BONITA ROAD THE VACATION OF PI PART OF EXISITNG RlGr.T OF WAY OF BONITA ROAD, DESCRIBED IN GRANT DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 24,1956 IN BOOK 5990, PAGE 41 OF OFFICIAL RECORDS AND EASEMENT TO THE COUNTY OF SAN DIEGO RECORDED DECEMBER 13, 1963 AS FILE NO. 222076 OF OFFICIAL RECORDS .AS DEPICTED IN MAP 12832 CHULA VISTA TRACT 90-03 FILE 91-298599, MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS DOCUiV1ENT: BEGINNING AT THE NORTHWESTERLY CORNER OF THE MOST EASTERLY LOT AS DESCRIBED IN QUITCLAIM DEED RECORDED IN THE COUNTY OF SAN DIEGO, MARCH 15, 2007 AS FILE NO. 0177730 OFFICIAL RECORDS, THENCE ALONG THE SOUTHERLY RIGHT OF WAY PER SAID GRANT DEED A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 670.00 FEET, THROUGH A CENTRAL ANGLE OF 04"30'46" AN ARC LENGTH OF 52.77 .FEET, TO A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RIl.DLUS OF 1050.00 FEET, A RADIAL UNE TO SAID CURVE BEARS SOUTH 09027'08" WEST, THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 59.26 FEET, THENCE ALONG THE PROLONGATION OF THE WESTERLY BOUNDARY SOUTH 17044'40" EAST 19.2.1 FEET TO THE POINT OF BEGINNING. CONTAiNING 474 SQUARE FEET. MORE OR LESS. RESERVING AN EXISTING AND FUTURE PUBUC UTIUT( AND DRAINAGE EASEMENT OVER THE ENTIRE VACATION. ..::$.\ft.. CITY OF CHULA VISTA ~ DEPARTMENT OF PU8UC WORKS 276 FOURTH AVENUE arfOf CHULA VISTA. CA 91910 CHUu\ ~ (619) 476-2301 Y'7/oy DATE FlU: NO. JY022-0~ 01/04/2009 J:ZO:24 PM PSi 5-26 NO. LI L2 LJ EXHIBIT "B" CITY OF CHUL DATA TABU ~o BEARING LENGTH " 511"44 '40'E 19.21' .' Nlr44 ',40"W 65.55' ~ NI176'O;;"W 2).7;;' ~ VISTA NlnB'SI"W 1.J4.54' NTnB'SI"W 22J.52' CURVF: DATA TABLE RADIUS DELTA LeNGTH CI, R= 20.00' D= as-;)'16' L= 29.86' C2, R= 1050' D= 01'11'24" L= 21.81' ~ <P ~'Y: ~ Q)CJ ..<) .0' ,. ':'.""J" !' 0/... ,<f..:~ v~ y~~~~ <<'("/';-.V ~ .0.... ,,( (<) ~ &d~"~r t;-~'V ~;;~ MAP NO. 12382 1JO :-YO POR NW 1/4 QTR SEC 111 MAP 166 145./" " .~ ;; , 0' 6~ . ~ :S~ ~ = . = POR NW 1/4 OTR SEe 111 " '" 0, '" NJi44'40'W 85.58' MAP 166 '" ,.. , = o .~ o _ 2 ~ NW 1/4 OTR SEC 111 '" ;... ,.., '" ,.., " ;: '1 C'1 "' ci Z 0.. <( ::; NI7"44'40"W 151.47' MAP 166 ..., NI7"25'OJIV 120.00' J2.00' RADIAL BEARING OA TA TABLE RBT = 509'27'08"W RB'l = 512',1'10"W RBJ = S/8'OJ'4B'W RB4 = 544'I6'26'E <t R,O,S, 1884 ~!f? ~ an- Of CITY OF CHUlA VISTA DEPARTMENT OF PUBLIC WORKS 276 FOURTIi AVENUE CHULA VISTA. CA 91910 (619) 476-2301 ~(4/ / I ~ /" {, JOSE LlpS/GOMEZ, P,L,S. 737" LlCEN?~XPIRES 12/31/09-' /3.A.S15 Dr BCJ.RTNC r::~ur(.RLJNr /JOM'/. RCWJ FER P,J.l, 11~J~. o 60.DO' r;i'.>>1T arEa Pf:R eocx 5990 PAce" I RrCORQ[!1 2/2"/19.5: r.m Slil!Er V"CAll'av 1480. 3/J/c?9 , DATE FILE NO. JY022-0B J: ur~y\.Jran-a8\ v;.CA I10N sa SONliA ROAO,d"g OJ/04/2Q09 J: ;():).; Pu PST 5-27 RESOLUTION NO.2009- RESOLUTION OF THE CITY COlTNCIL OF THE CITYOF CHULA VISTA DECLARING A PORTION OF CITY-OWNED BONITA ROAD LYING ADJACENT TO THE PROPERTY LOCATED AT 50 BONITA ROAD (APN 570-130-32) AS EXENIPT SURPLUS LAND WHEREAS, the City of Chula Vista is the fee owner of that certain real property more particularly described as Bonita Road, located at East Flower Street, in the City of Chula Vista, County of San Diego, State of California; and WHEREAS, a portion of said Bonita Road, adjacent to the property located at 50 Bonita Road (APN 570-130-32) is currently unused and not independently developable, said Property being more particularly described in a Legal Description designated as Exhibit "A" and depicted on a Plat designated as Exhibit "B", both attached hereto; and WHEREAS, said Property is not needed for the right-of-way for L Street, the City has no further use of this remainder parcel and has received an offer to purchase said remainder from the owner of the adjacent property to the south; and WHEREAS, said Property meets the defInition under California Government Code ("G.C.") Section 54221 of "Exempt Surplus Land"; and WHEREAS, "Exempt Surplus Land" is not required to follow the procedures identifIed in G.C. Section 54222 et seq. prior to the disposition of said land: NOW, THEREFORE, the City Council of the City of Chula Vista hereby declares as "Exempt Surplus Land" the herein referenced Property more particularly ShovVll and described on the attached Exhibits, pursuant to Goyernment Code Section 54221 (e) (2 (C). Presented by Richard A. Hopkins Director of Engineering 5-28 EXHIBIT "An CITY OF CHULA VISTA APN 570-130-32 50 BONITA ROAD THE VACATION OF A PART OF EXISITNG RIGHT OF WAY OF BONITA ROAD, DESCRIBED IN GRANT DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 24,1956 IN BOOK 5990, PAGE 41 OF OFFICIAL RECORDS AND EASEMENT TO THE COUNTY OF SAN DIEGO RECORDED DECEMBER 13, 1963 AS FILE NO, 222076 OF OFFICIAL RECORDS AS DEPICTED IN MAP 12832 CHULA VISTA TRACT 90-03 FILE 91-298599, MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT "8" ATTACHED HERETO AND MADE A PART OF THIS DCCUfvlENT: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT AS DESCRIBED IN INTERSPOUSAL GRANT DEED RECORDED IN THE COUNTY OF SAN DIEGO, FEBRUARY 20,2007 AS FILE NO. 0112043 OFFICIAL RECORDS, THENCE ALONG THE SOUTHERLY RIGHT OF WAY PER SAID GRANT DEED ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 670.00 FEET, THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 82.80 FEET, THENCE ALONG THE PROLONGATION OF EASTERLY BOUNDARY OF SAID LOT NORTH 17044'40"WEST 19.21 FEET TO A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1050,00 PEEf, A RADIAL LINE TO SAID CURVE BEARS SOUTH 12041'10" WEST, THENCE NORHTWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 98,54, THENCE SOUTH 17044'40" S'\ST 66,66 FEET TO THE POINT OF BEGINNING. CONTAINING 0.08 ACRES, MORE OR LESS. RESERVING AN E:~1STING AND FUTURE PUBLIC UTILTTY l\ND DRAINAGE EASEMENT OVER THE ENTIRE VACATION. I I I I I I~- I ~,~ CITY OF CHULP- V;ST,~ II ~ DEPARTMENT OF PUBLIC WORKS I I 276 FOURTH AVEI.UE i . Cl1Y Of CHULA VISTA. CA 91910 I , I LCHUIA. VlSTA (519) 476-2301 J (I~~ ~~/ ~ _3~&;;C~7 JOS~0tIS GOMEZ, P.l.fi~49 , DATE LlCEfy--= EXPIRES 12i31/09 FILE NO. jY022-0 (j\su:W!yI,JYQ22-0B\ '1A(J".fJO:: 5'; 8fJMr:.. P.')A(! dwg 03/04/2009 J:20:24 PM PSI' 5-29 EXHIBIT liB" CITY OF CHUL ~-/ ~ ~ NO. LI L2 LJ OA TA TABLE BEARING LENGTH NI7"44 '40"W 19.21' 517'44 '40"e 66.56' Nln5'OJ"W 2J.7J' CURYf: DA TA TABLe RADIUS DEL TA LeNGTH CI, R= 20.00' 0= 85'JJ'16" L= 29.86' 02, R= 1050' D= 0171'24" L= 21.al' ~ ~ ~~ ~ Q:;G ~ &; \\ Ou, /t~ \.J ~ 'Y<:~~'~;> <<'<:/1 V,o "'i ";,. ...... '" ,; /v & <9d'~~<:~" ",Q: ~?- '" o -y MAP NO. 12382 1JO ""YO RADIAL BE:ARING DATA TABLe RBI =so,r27'Oa"w RB2 = SIZ'4I'10"W RBJ = SI8'OJ'48"W RB4 = S44'15?5"[ BtS!5 Of aWING CSNiERUN( BONrTA ROAD pm PJJ. 128J2. o oD.OO' GRANT DEED P!R BOOK 5.990 pAce 41 RECORDED 2/24/1955 ~!f.t.. ~ 01Y Of VISTA CITY OF CHULA VISTA DEPARTMENT OF PUBLIC WORKS 276 i=OURTH AVENUE CHULA VISTA, CA 91910 (619) 476-2301 VISTA I 1J4.54' I N17'38'51"W 223.5Z' N I 7"58'51"W paR NW 1/4 QTR SEC 111 MAP, 166 NI7"H'40"W 145.1/" POR NW 1/4 OTR SEC 111 NI T44"O'W o 85.58' "' '" '" MAP 156 ,"-' '"' '" ('oj '" 'f' '"' '" "3.:'0 ~~~ ~-- ,... ~ Q ~ . \Q It: ~ - = ~ " = '- "' = 2 ~ '" '"' l" '" 'f' '"' '" paR NW 1/4 om SEe 111 MAP 165 N ITZ5'OJ'W lZ0.00' 32.00' R.O.S. 1884 JOS, UIS GOMEZ, P.L., . lICEl'1SE EXPIRES 12/311Ja9 ..., \fl \fl c:i z ~ <( :2 '" -0- Jc \Su,vey\JY022-08\ VACA nON 50 BONITA ROAD.dwg OJ/0'/2009 J: 20: 24 PM PSI 5-30 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE OFFER TO PURCHASE THE EXCESS PORTION OF CITY- OWNED BONITA ROAD ADJACENT TO THE PROPERTY LOCATED AT 50 BONITA ROAD (APN 570-130-32) TO THE OWNER OF THE PROPERTY AT 50 BONITA ROAD A1"\.fD AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS TO COMPLETE THE TRANSACTION 'WHEREAS, the City of Chula Vista is the fee owner of that certain real property more particularly described as Bonita Road, located at East Flower Street, in the City of Chula Vista, County of San Diego, State of California; and WHEREAS, a portion of said Bonita Road, adjacent to the property located at 50 Bonita Road (APN 570-130-32) is currently unused and not independently developable, said Property being more particularly described in a Legal Description designated as Exhibit "A" and depicted on a Plat designated as Exhibit "B", both attached hereto; and WHEREAS, the City Council of the City of Chula Vista has declared said Property as "Exempt Surplus Land", pursuant to Government Code Section 54221 (e) (2) (C); and. WHEREAS, the O'iVner of said adjacent parcel has offered to purchase the property from City. NOW, THEREFORE, the City Council of the City of Chula Vista hereby accepts the offer to purchase made by the adjacent landowner and authorizes the Mayor and City Clerkt~ execute the Real Estate Purchase and Sale Agreement and the Grant Dee . ./l ,/ ~. / fJ ~ / ' Presented by AP~;o7d a~ to . 0 / I Ml 1/ B Miesfel C. I . lty Attorney Richard A. Hopkins Director of Engineering / / 5-31 EXHIBIT "Au CITY OF CHULA VISTA APN 570-130-32 50 BONITA ROAD THE VACATION OF A PART OF EXISITNG RIGHT OF WAY OF BONITA ROAD, DESCRIBED IN GRANT DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 24, 1956 IN BOOK 5990, PAGE 41 OF OFFICIAL RECORDS AND EASEMENT TO THE COUNTY OF SAN DIEGO RECORDED DECEMBER 13,1963 AS FILE NO, 222076 OF OFFICIAL RECORDS AS DEPICTED IN.MAP 12832 CHULA VISTA TRACT 90-03 FILE 91-298599, MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT,: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT AS DESCRIBED IN INTERSPOUSAL GP.A.NT DEED RECORDED IN THE COUNTY OF SAN DIEGO, FEBRUARY 20,2007 AS FILE NO, 0112043 OFFICIAL RECORDS, THENCE ALONG THE SOUTHERLY RIGHT OF WAY PER SAID GRANT DEED ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 670.00 FEET, THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 82.80 FEET, THENCE ALONG THE PROLONGATION OF EASTERLY BOUNDARY OF SAID lOT NORTH 17044'40"WEST 19.21 FEET TO A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1050,00 rEEf, A RADIAL UNE TO SAID CURVE BEARS SOUTH 12041'10" WEST, THENCE ",jORHTWESTERlY ALONG SAID CURVE AN ARC lENGTH OF 98.54, THENCE SOUTH 17044'40" SC;ST 66.66 FEET TO THE POINT OF BEGINNING, CONTAINING 0.08 ACRES, MORE OR LESS. RESERVING AN EXISTING AND FUTURE PUBLIC UTIUTY AND DRAINAGE EASEMENT OVER THE ENTIRE VACATION, I I , i I I~ --::J I ~lf.? CITY OF CHULA VISTA 'I ~ DEPARTMENT OF PUBLIC WORJ<:S 276 FOURTH AVENUE i .1 CJ1'( Of CHULA VISTA. CIo 919',0 J ! ; CHUIA. \fiS'I)\ (619) 476-2301 ,C?~ JOSE 0 IS GOMEZ, p.L.fi'?A9 lICE)~ EXPIRES 12/3,/09 /JAsu:-YeY\JY?22-0e\ VAet. nO.'J }<;. BON/i.J. A'UAf'dwg ]h6hc"7 DATE FILE NO. JY022-0 CJ/o<;~OOg .k2O,2< PM PSI 5-32 NO. LI L2 U DA TA TABLe BCARING LENG /}I Nlr44'40"W 19.21' 51 7'44 '40"E 65,56' Nl775'OJ"W 2J.7J' CURve DA TA TABLe RAOIUS OELTA LENGni CI, R= 20.00' D= 85'.3J'15" L= 29.86' C2, R= 1050' 0= 017}'24" L= 21.81' ~ ~ ~ "(- ~ Q)O /) k '0 ,#~! SA %--,,('..~'.o'~~ / ~ ",-,?o,: . (<',,('.. "/Y.o '"' ,. ,,( t '; ",Q:2 // o -J MAP NO, 12382 --?JO ::y'<) RADIAL BEARING DAiA TABLe RBI =50977'08"W RB2 = 512'4J'T0-W RBJ = 518'OJ'4a"w RB4 = 54476'26-E EXHIBIT liB" CITY OF CHUL ~.l ~ J VISTA NT7"S8'ST'N IS4.S4' N 1 7'S8'S I 'N paR NW 1/4 OTR SEC 111 MAP 155 NI7"44'40'N 14S.Ir' POR NW 1/4 QTR SEC 111 MAP 155 'g .; 1-~~ POR NW 1/4 OTR SEe 111 g ~ c: ~ ~ ~ MAP 155 :;; N I 7"25'OJ'W /20.00' J2.00' 1- ~ .~ c i:: . R.O.S. 1884 NT7"44'40''W '0 85..58' en '" OJ i" ~ l'1 N OJ '" :..' ~ '" i" ~ l'1 OJ f> "- '" ...., <0 <0 ci Z 0.. <( :2 BASIS or oEARINC C(Nff.Rt/NE: SONlTA ROAD P€:R 1',101. 1.lan. o 50.00' GRANr arEJ) pEft aOOK 5990 PAC( 41 R[CCRD~D 2/24/1955 ~Vt.> ~ 'otY Ol' V1SrA CITY OF CHULA VISTA DEPARTMENT OF PUBLIC WORKS 276 FOURTH AVENUE CHUU- VISTA, CA 91910 (619) 476.2301 ~G(4~ JO~EI.:U1S GOMEZ, P.L. . Y 49 L1C~SE EXPIRES 12/3bJ9 n '" J: \Survey\JY022-08\ VACA nON 50 80NJiA ROAD.awg OJ/04/2009 J: 20:24 PM PSi 5-33 CITY COUNCIL AGENDA STATEMENT ~\!f:. CITY OF ~CHULAVlSTA '- 4/7/09,Itelll~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VIST A APPROVING A CHAt'JGE ORDER FOR BROOKFIELD SHEA OTAY, LLC FOR THE GRADING OF EASTLAKE PARKWAY PHASE 3 AND HUNTE PARKWAY PHASE 3. DEPUTY I1PTY MAt"l"AGER/DEVELOPl\IIENT SERVICES DIRECTO~~r CITY MAt'JAGER qpf}-- I 4/5THS VOTE: YES 0 NO cg] SUBlVIITTED BY: REVIEWED BY: SlJlV!MARY Brookfield Shea Otay, LLC (BSO) has constructed Eastlake Parkway Phase 3 and Hunte Parkway Phase 3 in conjunction with the development of Otay Ranch Village 11 (Winding Walk). These roadways are within the Transportation Development Impact Fee (TDIF) program and, therefore, eligible construction costs are credited against the payment of TDIF fees for the development. The Phase 3 segments of the two roadways were constructed using the same unit prices as the Phase 2 segments and are therefore considered a construction change order. Change orders above $50,000 are subject to Council approval. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defmed under Section l5378(b)(4) of the State CEQA Guidelines, because this action involves a governmental fiscal activity utilizing previously authorized funds, which will not result in a potentially significant physical impact on the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council approves the Resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The grading of Eastlake Parkway Phase 3 arid Hunte Parkway Phase 3 occurred in June of 2005, in conjunction \vith the grading for the last phase of Otay Ranch Village 11. Both roadways are 6-1 ,f I~,,: '( . t . ,P~ ;- .''':;:::' '.-'1:" .. >~ , ' 4/7/09, Item~ Page 2 of3 identified as improvements within the City's Transportation Development impact Fee ("TDIF") program as Facilities # 46 and #48. (See attachments 2 and 3). The TDIF program is the method used to spread the cost of constructing new circulation element roadways over the developments that benefit from them. Developers either pay the fee or build new roadways in a like amount. The City benefits by having usable full width roads constructed instead of the traditional half-width constructed streets that can occur while waiting for the developer across the street to develop. The larger benefit is that the unit costs associated with grading the circulation element roads at the same time as the surrounding development are significantly lower. Grading Construction Changes for Phase 3 Eastlake Parkway and Hunte Park The unit price for the earthwork associated with these two facilities was $0.88 per cubic yard for both earthwork and alluvium removal (see Exhibit A). The volume of earthwork eligible for TDIF facilities is that volume of earthwork within the City right-of-way on the developer's side of the road and a 2:1 slope extending from the edge of the full width roadway to natural ground on the other side of the road. In addition, remedial grading is performed to remove or rework unsuitable materials under the proposed fills. In this case there was a net export condition after constructing the two roadways. The net export was used by the developer on site so the price of export was split 50/50. The earthwork costs for Phase 3 Eastlake Parkway and Hunte Parkway were $301,132.04 and $473,854.04 respectively, totaling $774,986.08 (see Exhibit A). The overall costs of Eastlake Parkway (Facility # 46) and Hunt Parkway (Facility #48) This completes the audit for these segments of Eastlake Parkway and Hunte Parkway. Overall the total costs for each facility were significantly below the TDIF cost estimate as shown in Table 1 below. The lower actual costs were due to some of the estimated cost never materializing such as habitat mitigation: $973,000 for Eastlake Parkway and $1,757,000 for Hunte Parkway. The developer gained the environmental clearances for the roads in conjunction with the overall project. The low unit price for gradmg also significantly lowered the actual cost of the roadways. Actual Cost Cost Estimate % Change Eastlake Parkway (Facility # 46) Previously audited components $2,944,990.84 Grading Construction Change $301,132.04 Total $3,246,122.88 $8,728,976.00 - 62.8% Hunte Parkway (Facility # 48) Previously audited components $10,614,291.88 Grading Construction Change $473,854.04 Total $11,088,145.92 $16,359,525.00 - 32% Table 1. Comparison of budget to Actuals Once approved, eligible TDIF costs are deposited as credits in favor of the developer. These credits can be used in lieu of paying TDIF fees at the issuance of building permit. Approval of tonight's action will result in the deposit of$774,986.08 credits in favor of Brookfield Shea Otay, LLC. Staff recommends approval of the change orders. 6-2 4/7/09, Item~ Page 3 of 3 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet ofthe boundaries of the property, which is the subject of this action. FISCAL IMPACT There will be no direct fiscal impact to the City. Costs associated with the processing of this item will be borne by the developer. ATTACHMENTS Attachment 1. Location Map of Eastlake Parkway Phase 3 and Hunte Parkway Phase 3 Attachment 2. TDIF Estimate for Eastlake Parkway Phase 3 (Facility 46) Attachment 3. TDIF Estimate for Hunte Parkway Phase 3 (Facility 48) Exhibit A. Cost breakdown for the construction change associated with the grading of Phases 3 of Eastlake Parkway and Hunte Parkway Prepared by: Chester Bautista, Associaie Civil Engineer, Engineering Dept. ]:\EngineerIAGENDA\CAS2009\04-07-09\Grading for Phase 3 Hunte Parkway and Eastlake Parkway TDIF Reimbursement.doc 6-3 AfuL~v0evB- ( .h(w~(\+ L r""~~~~Ti~~~.:::~~~~~~:l~~~~~~~~~~~~~~~~~~" FACILITY 46 Eastfake Pk'v'lY Birch Rdto Hunte/Rock Mountain Rd New 6 Lane Prime Arteria! Length (Lf): 4,714 r II~ i::arthwork Linear it 250.00 1,178,500 Drainage Items Linear it 130.00 612,820 Surface Improvements Linear it 425.00 2,003,.450 Dry Utilities Linear it 60.00 282,840 5 Landscape & Irrigation Linear it 250.00 1,178,500 6 Misc. Construction Logistics Linear It 10.00 47;140 7 Special Items 973,000 Habitat mitigation Acres 13.9 $70,000 :5 973,000 TO TAL HARD COSTS $ 6,276,250. SOFT COSTS Contingency (15% 01 total hard costs including right-ai-way) Civil Engineering (7.5% 01 hard costs, excludes right-ai-way) Soils Engineering (15% 01 earthwork costs) Landscape Architecture (10% 01 landscaping costs) SUNeying (2% of had costs, excludes right-ai-way) Utility Engineering/Coordination (3% of dry utilities costs) Inspection/Administration (6% of total hard costs including. right-of-way) Developer Administration (1.75% 01 total hard costs including right-ai-way) City Project Administration (2% of total hard costs including right-ai-way) $ 941,438 :5 470,71 9 S 176,775 $ 117,850 :5 125,525 $ 8,485 :5 376,575 :5 109,834 :5 125,525 S 2,452,726 $ 8,728,976 TOTAL SOFT COSTS TOTAL PROJECT COST 6-5 . A~q\ \M-\- -3 Hunta Pkw1J Olympic Pkwy to Eastlaka Pf<v1j1J New 6 Lane Prime Arterial FACILITY 48 Length (LI): 8,380 tin;:;, [lilt.:. n 1 Earthwork Linear ft. 8380 250.00 2,095,000 2 Drainage items Linearft 8380 130.00 1,089,400 3 Surface Improvements Linear tt 8380 42S.00 3,S61,SOO 4 Dry Utilities Linear ft 8380 60.00 S02,800 5 Landscape & Irrigation Linear ft 8380 250.00 2,095,000 6 Misc. Construction Logistics Linear ft 8380 $ 10.00 83,800 7 Pipeline Encasement Lump Sum $ 600,000.00 600,000 8 Special Items 1,757,000 Habitat mitigation. .~cres 2S.1 $70,000 S 1,757,000 TOTAL HAF1D COSTS $ 11,784,500 SOFT COSTS Contingency (15% of total hard costs including right-of-way) Civil Engineering (7.S% of hard costs, excludes right-ai-way) Soils Engineering (15% of earthwork costs) Landscape Architecture (10% of landscaping casts) Surveying (2% 01 hard casts, excludes right-of-way) Utility Engineering/Coordination (3% 01 dry utilities costs) Inspection/Administration (6% of total hard casts including right-ai-way) Developer Administration (1.75% of total hard casts including right-of-way) City Project Administration (2% of total hard costs including right-of-way) :5 1,767,675 $ 883,838 $ 314,250 S 209,500 $ 235,690 S 15,084 $ 707,070 $ 206,229 $ 235,690 S 4,575,025 $ 16,359,525 TOTAL S.OFT COSTS PROJECT COST 6-6 Exhibit "A" c II ~ TDlF rbl r ~ 0 R I VII 11 Pr 311 lr tI k P k m I -.J ost )rea (( own .01' 'e Igl e grac Ing or lay anc -I 1 age lase - L1nrc ant :'.as a e at ways Cubic Yards of Earthwork Eligiblt Dtscri ()lion Eastlakc Parkway Huntt Parkway Both Ibods $/Unit Unit Anlount Cut (CY) RW-RW 306,816 28S,371 Rw-DaylighL 109,469 131,637 Total CUL 416,285 417,008 833,293 Fill (CY) RW-RW 1l5,610 279,615 Rw-DaylighL 81,448 216,316 TOlalFill 197,058 495,931 692,989 Nel Export 1'10,304 0.44 CY 61,734 TOlal CUl 833,293 (less ponion of cut [hat was exported at a lower rate) (140,304\ Total digibile Cut 692,989 0.88 CY 609,830 Alluvium RtmovaJ 35,524 82,001 117 ,525 0.88 CY 103,422 Grand Toral 774,986 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CHANGE ORDER FOR BROOKFIELD SHEA OTAY, LlC FOR THE GRADING OF EASTLAKE PARKWAY PHASE 3 A.ND HUNTE PARKWAY PHASE 3. WHEREAS, in June 2005 Brookfield Shea Otay, LLC, the master developer for Otay Ranch Village 11, or "Windingwalk" constructed certain facilities associated with the City's Transportation Development Impact Fee, namely Hunte Parkway and Eastlake Parkway, and; WHEREAS, the Phase 3 segments of Hunte Parkway (OR626I) and Eastlake Parkway (OR625I) were graded using the Phase 2 bids of said facilities; and WHEREAS, Brookfield Shea Otay has completed construction of these phases of Eastlake Parkway and Hunte Parkway, and; WHEREAS, Brookfield Shea Otay, llC has requested a credit for the grading costs associated with phase three of the construction of Eastlake Parkway and Hunte Parkway to be applied against future Transportation Development Impact Fees (TDIF) for the project; and WHEREAS, City staff has performed an audit to verify the grading cost of the proj ect and further verified that Eastlake Parkway and Hunte Parkway have been completed in accordance with the approved plans; and WHEREAS, based on the audit, City staff has determined that the following amounts associated with the grading of Phase three of Hunte and Eastlake Park.-way are eligible TDIF costs: Eastlake Parkway/Hunte Parkway Eastlake Parkway TDIF Credit $301,132.Q4 Hunte Parkway TDIF Credit $473.854.04 Total TDIF credit $774,986.08 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista approves the change order for Brookfield Shea Otay LLC for the grading of Eastlake Parkway and Hunte Parkway phase three and Hunte Parkway Phase 3. Gary Halbert Deputy City Manager Presented by 6-8 CITY COUNCIL AGENDA STATEMENT ~! 'f:. CITY OF ...... - (HULA VISTA 4/7/08, Item 1- ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA AMEt-.TDING TITLE 17, SECTION 17.10.100 OF THE CHULA VISTA MTJ"NICIPAL CODE TO FACILITATE THE DEFERRAL OF IN- LIEU PARK. FEES SUBMITTED BY: DEPUTY CITY rv1At~AGE~IRECTOR OF DEVELOPMENT SERVICES REVIEWED BY: CITYMANAGERr- 4/STHS VOTE: YES 0 NO [gJ SUMt'1ARY . On December 16, 2008, City Council approved the creation of a payment plan program for development processing and impact fees due to t..he current economic do\Vntum. This action would allow developers to also defer Park Acquisition and Development fees to a time later than the approval and recordation of the parcel or fmal map, or for development that does not require a parcel or fmal map, later than permit issuance. The purpose of the fee deferral program is for the purpose of stimulating. economic development \Vithin the City of Chula Vista. Both fee deferral programs \vill expire on December 31, 2010 and in no way relieve developers from fee obligations. Ei"l'VIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defmed under Section 15378 (b)(4) of the State CEQA Guidelines because the proposal involves a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Therefore, pursuant to Section 15060( c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council approve the Ordinance amending Title 17.10 of the Municipal Code (Parklands and Public Facilities), first reading, to take effect and be in full force 30 days after the second reading and adoption. 7-1 4/7/08, Item --.::+ Page 2 of 3 DISCUSSION The City currently collects Park Acquisition and Development ("PAD") fees pursuant to Section 17.10 of the Municipal Code, which requires that fees be paid at the approval and recordation of parcel or final map, unless a parcel or fmal map is not required for the development, in which case the fees are paid at building permit issuance. The proposed changes under consideration consist of the following: 1. To allow all developers who formerly were required to pay PAD fees at the time of parcel or final map approval and recordation to pay the fees at the time of building permit issuance. 2. To allow those developers who have a demonstrated economic hardship, as determined by the City Manager, to further delay the payment of PAD fees after the issuance of building permits. This class of developers will be required to enter into an agreement with the City Manager wherein the terms of the payment are stipulated. All such agreements shall be secured with a lien on the developer's property and all staff time associated with preparing the agreement shall be borne by the developer. Developers entering into a payment agreement will be subject to the fees in effect at the time the agreement is entered into. 3. Developers who have previously paid PAD fees will not be provided refunds as the funds have either been programmed or are required for the construction of planned parks. 4. Any park acreage to be dedicated to the City will still be irrevocably dedicated at the time of the final map approval. The payment of PAD fees is a substantial commitment for most development projects. As a result of the current market downturn and the continued tightening of the credit market, there is a perceived burden created by "frontloading" fees. The current method of collecting PAD fees at parcel or fmal map approval and recordation was established in order to enable park contracts to be let prior to the last building permit being issued. This provides for the delivery of parks prior to the last building permit being issued, a strategy that can make it possible to open a new park at the time when new homes become occupied. However, in light of the current market conditions, both residential and park development have been impacted. In order to stimulate both residential and park development, a temporary change in this practice is recommended during the period of economic downturn. The applicability of this amendment will be limited to the anticipated period of the current market slump and will expire on December 31, 2010. The City updates PAD fees October 1 ,t of every year to account for construction price changes. Developers will be required to pay the amount of the PAD in effect at the time the fee is paid, unless the payment is deferred to a time after the issuance of a building permit. In this instance, the developer will be subject to the fees in effect at the time the payment agreement is entered into. Interest will be charged on the deferred fees for the period of deferral. This will ensure that the City will collect enough funds to complete the facilities identified in the Parks Master Plan. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 1 8704.2(a)(1) is not applicable to this decision. 7-2 4/7/08, Item ~ Page 3 of3 FISCAL IMPACT Approval of the Ordinance has no General Fund impact because staff time associated with processing agreement and liens will be paid for by the developer. Approval of the ordinance may impact the Park Acquisition and Development (PAD) fund and associated project phasing. The deferral of fees to building permit issuance is anticipated to impact project phasing only, not the total fees recovered. Any agreements entered into between the City and developers for deferral beyond building permit issuance would not be subject to fee increases occurring in the interim; however, would be subject to interest, which would accrue on the fees deferred. As the fees deferred would be subject to interest there would be no impact on the total fees collected. ATTACHMENTS Proposed ordinance amendment text. Prepared by: Tom Adler, Development Ser;ices Department c: IDocuments and Settings Itoma lAiy DocumentslPADIPad deferral" I O. doc 7-3 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 17, SECTION 17.10.100 OF THE CHULA VISTA MUNICIPAL CODE TO FACILITATE THE DEFERRAL OF IN-LIEU PARK FEES WHEREAS, the City of Chula Vista is desirous of both assisting economic development and providing parklands for the community, and; WHEREAS, currently, in-lieu park fees ("PAD fees") are collected prior to the recordation of a final map or parcel map or for development that does not require a final map or parcel map, at the time of permit issuance; and WHEREAS, the existing requirements related to the timing of the collection of PAD fees has been identified as a possible impediment to development; and WHEREAS, in those situations where the PAD fees are not necessary for the public health or welfare, a deferral in the collection of such fees would not harm the City or its ability to provide its citizens and communities with the Parks they need; and WHEREAS, the deferral of PAD fees will also provide developers with relief from the upfront capital requirements, so that they may begin pulling building permits; and WHEREAS, on December 16, 2008, the City Council approved an ordinance for the deferral of certain development impact fees and other feesP associated with development due to the economic downturn; and WHEREAS, similarly, in order to permit the deferral of the collection of PAD fees, the City must amend its Municipal Code by adopting an ordinance; and WHEREAS, the City desires to limit the applicability of such deferred payments of PAD fees to those final maps, parcel maps approved and recorded and those permits issued after the adoption of this Ordinance NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: 7-4 THAT CHULA VISTA MUNICIPAL CODE CHAPTER 17, SECTION 17.10.100 BE AMENDED WITH THE INCLUSION OF SECTIONS 17.10.100(C), 17.10.100(0), AND 17.10.100(E); AS FOllOWS: Chapter 17, Section 17.10.100 Collection and Distribution of Fees (C) Notwithstandinq the foreqoinq Section 17.10.1 OO(A), the City may defer the payment of in-lieu fees for land dedication and/or park development for those developments that require a final subdivision map or parcel map until the date of permit issuance provided such final map or parcel map is <approved and recorded after the adoption of this ordinance Section 17.10.100(C) and prior to December 31,2010. The amount of the fees due shall be those fees in effect at the time of permit issuance. (D) Notwithstandinq the foreqoinq Section 17.10.1 OO(A) , the City may defer the payment of in-lieu fees for land. dedication and/or park development due at permit issuance until a date 1 year from the permit issuance or until the call for final inspection, whichever is earlier, provided the followinq conditions are met: 1) The permit for which fee deferral is requested was issued after the adoption of this Ordinance Section 17.10.100(0) and prior to December 31,2010. 2) Permit applicant demonstrates, to the satisfaction of the City Manaqer, that the payment of the in-lieu fees at the time of permit issuances creates a financial hardship. 3) An aqreement with the City in a form approved by the City Attorney is executed containinq the followinq terms and conditions: a. Interest shall accrue on the deferred fees at the City's averaqe earninq rate from the date of permit issuance until the deferred fees are paid in full. b. The City may withhold interim or final inspection, issuance of any additional permits, and/or certificates of occupancy, if applicable, until the deferred fees are paid in full. c. The payment of the deferred fees and accrued interest shall be secured by a lien recorded on the property for which the permit was issued and such lien shall run with and encumber the property. d. Fees and Accrued Interest shall be paid with a certified check prior to or concurrent with the date on which the deferral period ends. 7-5 e. If the Owner sells or transfers the property or any. portion of the property in any manner, the property shall not be released from any of the obliqations, covenants, or conditions under the Aqreement relatinq to the property or portion of the property beinq acquired f. Permit applicant shall pay all fees associated with the preparation and recordinq of the aqreement and associated lien. 4) For those deferred fees equal to or in excess of $100,000, the Aqreement shall be approved by the City Council. For those deferred fees less than $100,000, the City Manaqer or his/her desiqnee shall execute the Aqreement. Separate Aqreements shall not be created or executed in order to avoid the approval limitations or requirements of this section. (E) The provisions of Sections 17.10.100(C) and 17.10.100(0) shall expire, terminate, and become void at midniqht on December 31, 2010. Upon expiration of this ordinance, all fees for development required to record a final or parcel map, deferred pursuant to the Section 17.10.100(C) and not the subject of a deferral aqreement pursuant to Section 17.10.100(0), shall be due and payable on or before January 1, 2011. The amount of the fees due and payable shall be the amount of the fees in effect at the time of payment. BE IT FURTHER ORDAINED that this ordinance shall take effect and be in full force thirty (30) days after its adoption. Presented by /\ !~) ! Approv~d as to F yb "/ / 7J / ~X-il1/1 I I Bart Miesf.~ld \ .' City Attorney Gary Halbert Director of Engineering and Public Works 7-6 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 17, SECTION 17.10.100 OF THE CHULA VISTA MUNICIPAL CODE TO FACILITATE THE DEFERRAL OF IN-LIEU PARK FEES WHEREAS, the City of Chula Vista is desirous of both assisting economic development and providing parklands for the community, and; . WHEREAS, currently, in-lieu park fees ("PAD fees") are collected prior to the recordation of a final map or parcel map or for development that does not require a final map or parcel map, at the time of permit issuance; and WHEREAS, the existing requirements related to the timing of the collection of PAD fees has been identified as a possible impediment to development; and WHEREAS, in those situations where the PAD fees are not necessary for the public health or welfare, a deferral in the collection of such fees would not harm the City or its ability to provide its citizens and communities with the Parks they need; and WHEREAS, the deferral of PAD fees will also provide developers with relief from the upfront capital requirements, so that they may begin pulling building permits; and WHEREAS, on December 16, 2008, the City Council approved an ordinance for the deferral of certain development impact fees and other fees associated with development due to the economic downturn; and WHEREAS, similarly, in order to permit the deferral of the collection of PAD fees, the City must amend its Municipal Code by adopting an ordinance; and WHEREAS, the City desires to limit the applicability of such deferred payments of PAD fees to those final maps, parcel maps approved and recorded and those permits issued after the adoption of this Ordinance NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOllOWS: 7-7 THAT CHULA VISTA MUNICIPAL CODE CHAPTER 17, SECTION 17.10.100 BE AMENDED WITH THE INCLUSION OF SECTIONS 17.10.100(C), 17.10.100(0), AND 17.10.100(E); AS FOllOWS: Chapter 17, Section 17.10.100 Collection and Distribution of Fees (C) Notwithstanding the foregoing Section 17.10.1 OO(A), the City may defer the payment of in-lieu fees for land dedication and/or park development for those developments that require a final subdivision map or parcel map until tile date of permit issuance provided such final map or parcel map is approved and recorded after the adoption of this ordinance Section 17.10.100(C) and prior to December 31, 2010. The amount of the fees due shall be those fees in effect at the time of permit issuance. (D) Notwithstanding the foregoing Section 17.10.1 OO{A) , the City may defer the payment of in-lieu fees for land dedication and/or park development due at permit issuance until a date 1 year from the permit issuance or until the call for final inspection, whichever is earlier, provided the following conditions are met: 1) The permit for which fee deferral is requested was issued after the adoption of this Ordinance Section 17.10.100(0) and prior to December 31, 2010. 2) Permit applicant demonstrates, to the satisfaction of the City Manager, that the payment of the in-lieu fees at the time of permit issuances creates a financial hardship. 3) An agreement with the City in a form approved by the City Attorney is executed containing the following terms and conditions: a. Interest shall accrue on the deferred fees at the City's average earning rate from the date of permit issuance until the deferred fees are paid in full. b. The City may withhold interim or final inspection, issuance of any additional permits, and/or certificates of occupancy, if applicable, until the deferred fees are paid in full. c. The payment of the deferred fees and accrued interest shall be secured by a lien recorded on the property for which the permit was issued and such lien shall run with and encumber the property. d. Fees and Accrued Interest shall be paid with a certified check prior to or concurrent with the date on which the deferral period ends. 7-8 e. If the Owner sells or transfers the property or any portion of the property in any manner, the property shall not be released from any of the obligations, covenants, or conditions under the Agreement relating to the property or portion of the property being acquired f. Permit applicant shall pay all fees associated with the preparation and recording of the agreement and associated lien. 4) For those deferred fees equal to or in excess of $100,000, the Agreement shall be approved by the City Council. For those deferred fees less than $100,000, the City Manager or his/her designee shall execute the Agreement. Separate Agreements shall not be created or executed in order to avoid the approval limitations or requirements of this section. (E) The provisions of Sections 17.10.100(C) and 17.10.100(0) shall expire, terminate, and become void at midnight on December 31, 2010. Upon expiration of this ordinance, all fees for development required to record a final or parcel map, deferred pursuant to the Section 17.10.100(C) and not the subject of a deferral agreement pursuant to Section 17.10.100(0), shall be due and payable on or before January 1, 2011. The amount of the fees due and payable shall be the amount of the fees in effect at the time of payment. BE IT FURTHER ORDAINED that this ordinance shall take effect and be in full force thirty (30) days after its adoption. Presented by Gary Halbert Director of Engineering and Public Works 7-9 ~{f?- ~ - - -- Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO ~ CllY OF CHULA VISTA April 2, 2009 TO: Mayor & City Council FROM: Donna Norris, City Clerk Lorraine Bennett, Deputy City Clerk Mayor Cheryl Cox!;! U @ v .. Jennifer Quijano, Constituent Services Mana :r!J!s Bio's and applications for the Cultural Arts Commission and the GMOC (Southwest Representative and Business Representative) CC: VIA: RE: The following have been recommended for appointment to a Commission. The ratification is scheduled for the April 7, 2009 Council meeting. Attached are the applications and below is additional background information. 1. Mary McDermott - Cultural Arts Commission 2. James Doud - GMOC (Southwest Representative) 3. Armida Torres - GMOC (Business Representative) Mary McDermott has been a resident of Chula Vista for the past 18 years. Mary has been an Art Instructor for the past eight years at The Art Institute of CA San Diego in Mission Valley. Mary has a Masters in Humanities with a concentration in Arts and a Doctorate in Fine Art. Jim Doud has been a resident of Chula Vista for the past 50 years. Jim retired in 1991 as a Senior Engineer at Rohr. Jim has served as President/Director of the South Bay Irrigation District / Sweetwater Authority for the past 14 years. Jim is also actively involved in the Southwest Civic Association, Chula Vista Taxpayers Association, the Fraternal Order of Eagles 3142, VFW 2111, the American Legion 434 and serves on the oversight committee for Proposition X, managing a $58M budget to rebuild schools in Imperial Beach, for the South Bay Union School District. Jim's extensive experience and background on water related issues will be of value and benefit to the GMOC. Armida Torres has been a resident of Chula Vista for the past 49 years. Armida was born and raised in Chula Vista, graduated from Chula Vista High School and has raised two grown children in Chula Vista. Armida is the founder and President of Torres Consultants, a real estate development consulting firm. Armida assists private and public clients in market research for real estate and policy analysis on urban development issues. Armida's business expertise in real estate and development will be beneficial to the GMOC. 9 e,c..~1)